Tenn. Code Ann. § 62-5-407 — TN Code / Title 62 / Chapter 5 / Section 62-5-407
Pre-need funeral contracts funded by trusts
Status: in_force

(a) Every pre-need seller engaged in the business of selling pre-need funeral contracts funded by a trust shall establish a pre-need funeral trust fund. The trust fund shall be established by executing a written trust agreement with a trustee; provided, that a pre-need seller may change the trustee of its trust fund by providing written notice to the commissioner no later than thirty (30) days prior to the change, along with evidence sufficient to the commissioner that the trustee will be able to comply with the requirements of this part. If the commissioner determines that the evidence submitted is insufficient to ensure that the trustee will be able to comply with the requirements of this part, the commissioner may refuse to allow the pre-need seller to change the trustee. If the commissioner does not object to the change of trustee within sixty (60) calendar days of receiving a request, the current trustee shall have not less than ninety (90) calendar days from the date it receives notice of the proposed change to transfer all trust assets related to the pre-need funeral contracts issued by the pre-need seller held by the trustee to the successor trustee. As used in this section, "trustee" means a savings and loan association, bank, savings bank, credit union, or trust company organized under the laws of any state or organized under the laws of the United States. (b) (1) If the pre-need funeral contract purchaser chooses to fund the pre-need funeral contract by a trust deposit or deposits, the pre-need seller shall deposit all funds with the trustee, to be held in trust, within fifteen (15) calendar days of receipt. The pre-need seller, at the time of making the deposit, shall furnish to the trustee the name of each pre-need funeral contract beneficiary and the amount of payment on each for which the deposit is being made. (2) The trustee may establish: (A) A separate trust fund for each pre-need funeral contract; (B) A single trust fund for all pre-need funeral contracts issued by a pre-need seller; or (C) A single trust fund for all pre-need funeral contracts issued by multiple pre-need sellers. (3) For trusts established pursuant to subdivisions (b)(2)(A) and (b)(2)(B), the trust accounts must be carried in the name of the pre-need seller and the pre-need seller must be based in this state. (4) A trustee managing a trust established pursuant to this section shall manage the trust in accordance with the Tennessee Uniform Prudent Investor Act of 2002, compiled in title 35, chapter 14. However, § 35-14-103(b) does not apply to trusts, or trustees managing a trust, established pursuant to this section. (5) Accounting records for trusts established pursuant to this section must be established and maintained for each individual pre-need funeral contract beneficiary showing the amounts deposited and invested, and interest, dividends, increases, and accretions earned. (6) A trustee managing a trust established pursuant to this section shall: (A) Provide a semiannual financial report concerning the trust to the department in a manner determined appropriate by the department by rule; and (B) Make accounting records for the trust available to the comptroller of the treasury and the department, upon request, for review and audit. (7) If the trustee uses a board for the management of the trust established pursuant to this section, then the trustee shall maintain insurance on behalf of each board member against liability asserted against or incurred by the board member in that capacity. (c) Funds deposited in trust under a pre-need funeral contract may, with the written permission of the pre-need funeral contract purchaser and written approval of the commissioner, be withdrawn by the trustee and used to purchase a prearrangement insurance policy. The trustee shall disclose, in writing, the terms of the prearrangement insurance policy to the pre-need funeral contract purchaser. Except as provided in this subsection (c), no funds deposited in trust with a trustee pursuant to this section shall be withdrawn by the trustee to purchase a prearrangement insurance policy. (d) No pre-need seller, affiliate of a pre-need seller, or any person directly or indirectly engaged in the burial, funeral home, or cemetery business may act as trustee for any pre-need funeral trust. No pre-need seller, affiliate of a pre-need seller, or any person directly or indirectly engaged in the burial, funeral home, or cemetery business may share in the responsibilities of or direct the actions of the trustee of a pre-need funeral trust fund. (e) It is unlawful to loan pre-need funeral trust funds to a pre-need seller, an affiliate of a pre-need seller, or any person directly or indirectly engaged in the burial, funeral home, or cemetery business. Furthermore, the pre-need seller's interest in the trust shall not be pledged as collateral for any loans, debts, or liabilities of the pre-need seller and shall not be transferred to any person without the prior written approval from the commissioner and the trustee. Amended by 2019 Tenn. Acts, ch. 247, Secs.s 2, s 3 eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 247, s 1, eff. 7/1/2019. Amended by 2016 Tenn. Acts, ch. 911, s 7, eff. 4/27/2016. Acts 2007 , ch. 592, § 8.
(a) Every pre-need seller engaged in the business of selling pre-need funeral contracts funded by a trust shall establish a pre-need funeral trust fund. The trust fund shall be established by executing a written trust agreement with a trustee; provided, that a pre-need seller may change the trustee of its trust fund by providing written notice to the commissioner no later than thirty (30) days prior to the change, along with evidence sufficient to the commissioner that the trustee will be able to comply with the requirements of this part. If the commissioner determines that the evidence submitted is insufficient to ensure that the trustee will be able to comply with the requirements of this part, the commissioner may refuse to allow the pre-need seller to change the trustee. If the commissioner does not object to the change of trustee within sixty (60) calendar days of receiving a request, the current trustee shall have not less than ninety (90) calendar days from the date it receives notice of the proposed change to transfer all trust assets related to the pre-need funeral contracts issued by the pre-need seller held by the trustee to the successor trustee. As used in this section, "trustee" means a savings and loan association, bank, savings bank, credit union, or trust company organized under the laws of any state or organized under the laws of the United States.
(b) (1) If the pre-need funeral contract purchaser chooses to fund the pre-need funeral contract by a trust deposit or deposits, the pre-need seller shall deposit all funds with the trustee, to be held in trust, within fifteen (15) calendar days of receipt. The pre-need seller, at the time of making the deposit, shall furnish to the trustee the name of each pre-need funeral contract beneficiary and the amount of payment on each for which the deposit is being made. (2) The trustee may establish: (A) A separate trust fund for each pre-need funeral contract; (B) A single trust fund for all pre-need funeral contracts issued by a pre-need seller; or (C) A single trust fund for all pre-need funeral contracts issued by multiple pre-need sellers. (3) For trusts established pursuant to subdivisions (b)(2)(A) and (b)(2)(B), the trust accounts must be carried in the name of the pre-need seller and the pre-need seller must be based in this state. (4) A trustee managing a trust established pursuant to this section shall manage the trust in accordance with the Tennessee Uniform Prudent Investor Act of 2002, compiled in title 35, chapter 14. However, § 35-14-103(b) does not apply to trusts, or trustees managing a trust, established pursuant to this section. (5) Accounting records for trusts established pursuant to this section must be established and maintained for each individual pre-need funeral contract beneficiary showing the amounts deposited and invested, and interest, dividends, increases, and accretions earned. (6) A trustee managing a trust established pursuant to this section shall: (A) Provide a semiannual financial report concerning the trust to the department in a manner determined appropriate by the department by rule; and (B) Make accounting records for the trust available to the comptroller of the treasury and the department, upon request, for review and audit. (7) If the trustee uses a board for the management of the trust established pursuant to this section, then the trustee shall maintain insurance on behalf of each board member against liability asserted against or incurred by the board member in that capacity.
(1) If the pre-need funeral contract purchaser chooses to fund the pre-need funeral contract by a trust deposit or deposits, the pre-need seller shall deposit all funds with the trustee, to be held in trust, within fifteen (15) calendar days of receipt. The pre-need seller, at the time of making the deposit, shall furnish to the trustee the name of each pre-need funeral contract beneficiary and the amount of payment on each for which the deposit is being made.
(2) The trustee may establish: (A) A separate trust fund for each pre-need funeral contract; (B) A single trust fund for all pre-need funeral contracts issued by a pre-need seller; or (C) A single trust fund for all pre-need funeral contracts issued by multiple pre-need sellers.
(A) A separate trust fund for each pre-need funeral contract;
(B) A single trust fund for all pre-need funeral contracts issued by a pre-need seller; or
(C) A single trust fund for all pre-need funeral contracts issued by multiple pre-need sellers.
(3) For trusts established pursuant to subdivisions (b)(2)(A) and (b)(2)(B), the trust accounts must be carried in the name of the pre-need seller and the pre-need seller must be based in this state.
(4) A trustee managing a trust established pursuant to this section shall manage the trust in accordance with the Tennessee Uniform Prudent Investor Act of 2002, compiled in title 35, chapter 14. However, § 35-14-103(b) does not apply to trusts, or trustees managing a trust, established pursuant to this section.
(5) Accounting records for trusts established pursuant to this section must be established and maintained for each individual pre-need funeral contract beneficiary showing the amounts deposited and invested, and interest, dividends, increases, and accretions earned.
(6) A trustee managing a trust established pursuant to this section shall: (A) Provide a semiannual financial report concerning the trust to the department in a manner determined appropriate by the department by rule; and (B) Make accounting records for the trust available to the comptroller of the treasury and the department, upon request, for review and audit.
(A) Provide a semiannual financial report concerning the trust to the department in a manner determined appropriate by the department by rule; and
(B) Make accounting records for the trust available to the comptroller of the treasury and the department, upon request, for review and audit.
(7) If the trustee uses a board for the management of the trust established pursuant to this section, then the trustee shall maintain insurance on behalf of each board member against liability asserted against or incurred by the board member in that capacity.
(c) Funds deposited in trust under a pre-need funeral contract may, with the written permission of the pre-need funeral contract purchaser and written approval of the commissioner, be withdrawn by the trustee and used to purchase a prearrangement insurance policy. The trustee shall disclose, in writing, the terms of the prearrangement insurance policy to the pre-need funeral contract purchaser. Except as provided in this subsection (c), no funds deposited in trust with a trustee pursuant to this section shall be withdrawn by the trustee to purchase a prearrangement insurance policy.
(d) No pre-need seller, affiliate of a pre-need seller, or any person directly or indirectly engaged in the burial, funeral home, or cemetery business may act as trustee for any pre-need funeral trust. No pre-need seller, affiliate of a pre-need seller, or any person directly or indirectly engaged in the burial, funeral home, or cemetery business may share in the responsibilities of or direct the actions of the trustee of a pre-need funeral trust fund.
(e) It is unlawful to loan pre-need funeral trust funds to a pre-need seller, an affiliate of a pre-need seller, or any person directly or indirectly engaged in the burial, funeral home, or cemetery business. Furthermore, the pre-need seller's interest in the trust shall not be pledged as collateral for any loans, debts, or liabilities of the pre-need seller and shall not be transferred to any person without the prior written approval from the commissioner and the trustee.
Amended by 2019 Tenn. Acts, ch. 247, Secs.s 2, s 3 eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 247, s 1, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 911, s 7, eff. 4/27/2016.
Acts 2007 , ch. 592, § 8.
Tenn. Code Ann. § 62-32-303 — TN Code / Title 62 / Chapter 32 / Section 62-32-303
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Alarm system" means any electrical device, signaling device, or combination of those devices used to signal or detect a burglary, fire, robbery, or medical emergency; (2) "Alarm systems contractor" means any person, firm, association or corporation that sells or attempts to sell, installs, services or monitors alarm systems, signal devices, fire alarms, burglar alarms, television cameras or still cameras used to detect fire, burglary, breaking or entering, intrusion, shoplifting, pilferage or theft; (3) "Alarm verification" means an attempt by a monitoring company or its representative to contact a burglar alarm location or a burglar alarm user by telephone or other electronic means to determine whether a burglar alarm signal is valid in an attempt to avoid unnecessary police response before requesting law enforcement to be dispatched to the location. Alarm verification further means that at least a second call shall be made to a different number if the first attempt fails to reach an alarm user; (4) "Battery-charged security fence": (A) Means an alarm system, and ancillary components or equipment attached to such system, that: (i) Interfaces with a monitored alarm system in a manner that enables the alarm system to transmit a signal intended to notify the entity responsible for monitoring the alarm system or summon law enforcement in response to an intrusion or burglary; (ii) Is located on property that is not designated by a municipality or county exclusively for residential use; (iii) Has an energizer that: (a) Is powered by a commercial storage battery that is not more than twelve (12) volts of direct current; and (b) Meets the standards set forth by the most recent version of the International Electrotechnical Commission Standard 60335-2-76, or its successor standard; (iv) Is completely surrounded by a non-electric perimeter fence or wall that is not less than five feet (5') in height; (v) Does not exceed ten feet (10') in height, or two feet (2') higher than the non-electric perimeter fence or wall described in subdivision (4)(A)(iv), whichever is higher; and (vi) Is marked with conspicuous warning signs that are located on the battery-charged fence at intervals of no more than thirty feet (30') and that read: "WARNING - ELECTRIC FENCE"; and (B) Includes, but is not limited to, a fence, a battery-operated energizer intended to periodically deliver voltage impulses to the connected fence, and a battery-charging device used exclusively to charge the battery for the energizer; (5) "Burglar alarm system" means an alarm or monitoring system that has the primary function of detecting or responding to emergencies other than fire; (6) "Business entity" means each location from which alarm systems are sold, installed or serviced; (7) "Certification" means the authority granted by the commissioner to do business as an alarm systems contractor; (8) "Commissioner" means the commissioner of commerce and insurance; (9) "Fire alarm system" means an alarm or monitoring system that is intended to respond to or detect fire, heat, smoke or other byproducts of combustion; (10) (A) "Good moral character" means an individual with high legal, moral and ethical values; (B) (i) The following shall be prima facie evidence that an individual does not have good moral character: (a) Conviction by any local, state, federal or military court of any crime involving the illegal use, possession, sale, manufacture, distribution or transportation of a controlled substance, controlled substance analogue, drug or narcotic; (b) Conviction of a crime involving felonious assault; (c) Conviction of a crime involving unlawful breaking or entering, burglary, larceny or arson; (d) Conviction as an habitual criminal; or (e) An addiction to alcohol or a narcotic drug; (ii) For purposes of subdivision (10)(B)(i), "conviction" means and includes the entry of a plea of guilty, plea of no contest or a verdict rendered in open court by a judge or jury; (11) "Installation" means the installation, maintenance, service and repair of alarm systems; (12) "Monitoring" means any off-site central monitoring station or location that receives electronic burglar alarm, closed circuit television or fire alarm signals from multiple locations and notifies or dispatches, or both, other persons to emergency burglaries, hold ups, thefts, vandalism, civil unrest, personal emergencies or fire alarm conditions; and (13) "Qualifying agent" means any individual licensed by the commissioner whose qualifications have been demonstrated to the commissioner for overseeing and supervising alarm systems contractor operations of any classification or combination of classifications. Amended by 2023 Tenn. Acts, ch. 436, s 1, eff. 5/11/2023. Amended by 2021 Tenn. Acts, ch. 294, s 21, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 294, s 20, eff. 7/1/2021. Acts 1991, ch. 400, § 3; 1993, ch. 429, § 6; 1996, ch. 848, §§ 1, 2; 2007 , ch. 160, § 1; 2012 , ch. 848, § 63.
As used in this part, unless the context otherwise requires:
(1) "Alarm system" means any electrical device, signaling device, or combination of those devices used to signal or detect a burglary, fire, robbery, or medical emergency;
(2) "Alarm systems contractor" means any person, firm, association or corporation that sells or attempts to sell, installs, services or monitors alarm systems, signal devices, fire alarms, burglar alarms, television cameras or still cameras used to detect fire, burglary, breaking or entering, intrusion, shoplifting, pilferage or theft;
(3) "Alarm verification" means an attempt by a monitoring company or its representative to contact a burglar alarm location or a burglar alarm user by telephone or other electronic means to determine whether a burglar alarm signal is valid in an attempt to avoid unnecessary police response before requesting law enforcement to be dispatched to the location. Alarm verification further means that at least a second call shall be made to a different number if the first attempt fails to reach an alarm user;
(4) "Battery-charged security fence": (A) Means an alarm system, and ancillary components or equipment attached to such system, that: (i) Interfaces with a monitored alarm system in a manner that enables the alarm system to transmit a signal intended to notify the entity responsible for monitoring the alarm system or summon law enforcement in response to an intrusion or burglary; (ii) Is located on property that is not designated by a municipality or county exclusively for residential use; (iii) Has an energizer that: (a) Is powered by a commercial storage battery that is not more than twelve (12) volts of direct current; and (b) Meets the standards set forth by the most recent version of the International Electrotechnical Commission Standard 60335-2-76, or its successor standard; (iv) Is completely surrounded by a non-electric perimeter fence or wall that is not less than five feet (5') in height; (v) Does not exceed ten feet (10') in height, or two feet (2') higher than the non-electric perimeter fence or wall described in subdivision (4)(A)(iv), whichever is higher; and (vi) Is marked with conspicuous warning signs that are located on the battery-charged fence at intervals of no more than thirty feet (30') and that read: "WARNING - ELECTRIC FENCE"; and (B) Includes, but is not limited to, a fence, a battery-operated energizer intended to periodically deliver voltage impulses to the connected fence, and a battery-charging device used exclusively to charge the battery for the energizer;
(A) Means an alarm system, and ancillary components or equipment attached to such system, that: (i) Interfaces with a monitored alarm system in a manner that enables the alarm system to transmit a signal intended to notify the entity responsible for monitoring the alarm system or summon law enforcement in response to an intrusion or burglary; (ii) Is located on property that is not designated by a municipality or county exclusively for residential use; (iii) Has an energizer that: (a) Is powered by a commercial storage battery that is not more than twelve (12) volts of direct current; and (b) Meets the standards set forth by the most recent version of the International Electrotechnical Commission Standard 60335-2-76, or its successor standard; (iv) Is completely surrounded by a non-electric perimeter fence or wall that is not less than five feet (5') in height; (v) Does not exceed ten feet (10') in height, or two feet (2') higher than the non-electric perimeter fence or wall described in subdivision (4)(A)(iv), whichever is higher; and (vi) Is marked with conspicuous warning signs that are located on the battery-charged fence at intervals of no more than thirty feet (30') and that read: "WARNING - ELECTRIC FENCE"; and
(i) Interfaces with a monitored alarm system in a manner that enables the alarm system to transmit a signal intended to notify the entity responsible for monitoring the alarm system or summon law enforcement in response to an intrusion or burglary;
(ii) Is located on property that is not designated by a municipality or county exclusively for residential use;
(iii) Has an energizer that: (a) Is powered by a commercial storage battery that is not more than twelve (12) volts of direct current; and (b) Meets the standards set forth by the most recent version of the International Electrotechnical Commission Standard 60335-2-76, or its successor standard;
(a) Is powered by a commercial storage battery that is not more than twelve (12) volts of direct current; and
(b) Meets the standards set forth by the most recent version of the International Electrotechnical Commission Standard 60335-2-76, or its successor standard;
(iv) Is completely surrounded by a non-electric perimeter fence or wall that is not less than five feet (5') in height;
(v) Does not exceed ten feet (10') in height, or two feet (2') higher than the non-electric perimeter fence or wall described in subdivision (4)(A)(iv), whichever is higher; and
(vi) Is marked with conspicuous warning signs that are located on the battery-charged fence at intervals of no more than thirty feet (30') and that read: "WARNING - ELECTRIC FENCE"; and
(B) Includes, but is not limited to, a fence, a battery-operated energizer intended to periodically deliver voltage impulses to the connected fence, and a battery-charging device used exclusively to charge the battery for the energizer;
(5) "Burglar alarm system" means an alarm or monitoring system that has the primary function of detecting or responding to emergencies other than fire;
(6) "Business entity" means each location from which alarm systems are sold, installed or serviced;
(7) "Certification" means the authority granted by the commissioner to do business as an alarm systems contractor;
(8) "Commissioner" means the commissioner of commerce and insurance;
(9) "Fire alarm system" means an alarm or monitoring system that is intended to respond to or detect fire, heat, smoke or other byproducts of combustion;
(10) (A) "Good moral character" means an individual with high legal, moral and ethical values; (B) (i) The following shall be prima facie evidence that an individual does not have good moral character: (a) Conviction by any local, state, federal or military court of any crime involving the illegal use, possession, sale, manufacture, distribution or transportation of a controlled substance, controlled substance analogue, drug or narcotic; (b) Conviction of a crime involving felonious assault; (c) Conviction of a crime involving unlawful breaking or entering, burglary, larceny or arson; (d) Conviction as an habitual criminal; or (e) An addiction to alcohol or a narcotic drug; (ii) For purposes of subdivision (10)(B)(i), "conviction" means and includes the entry of a plea of guilty, plea of no contest or a verdict rendered in open court by a judge or jury;
(A) "Good moral character" means an individual with high legal, moral and ethical values;
(B) (i) The following shall be prima facie evidence that an individual does not have good moral character: (a) Conviction by any local, state, federal or military court of any crime involving the illegal use, possession, sale, manufacture, distribution or transportation of a controlled substance, controlled substance analogue, drug or narcotic; (b) Conviction of a crime involving felonious assault; (c) Conviction of a crime involving unlawful breaking or entering, burglary, larceny or arson; (d) Conviction as an habitual criminal; or (e) An addiction to alcohol or a narcotic drug; (ii) For purposes of subdivision (10)(B)(i), "conviction" means and includes the entry of a plea of guilty, plea of no contest or a verdict rendered in open court by a judge or jury;
(i) The following shall be prima facie evidence that an individual does not have good moral character: (a) Conviction by any local, state, federal or military court of any crime involving the illegal use, possession, sale, manufacture, distribution or transportation of a controlled substance, controlled substance analogue, drug or narcotic; (b) Conviction of a crime involving felonious assault; (c) Conviction of a crime involving unlawful breaking or entering, burglary, larceny or arson; (d) Conviction as an habitual criminal; or (e) An addiction to alcohol or a narcotic drug;
(a) Conviction by any local, state, federal or military court of any crime involving the illegal use, possession, sale, manufacture, distribution or transportation of a controlled substance, controlled substance analogue, drug or narcotic;
(b) Conviction of a crime involving felonious assault;
(c) Conviction of a crime involving unlawful breaking or entering, burglary, larceny or arson;
(d) Conviction as an habitual criminal; or
(e) An addiction to alcohol or a narcotic drug;
(ii) For purposes of subdivision (10)(B)(i), "conviction" means and includes the entry of a plea of guilty, plea of no contest or a verdict rendered in open court by a judge or jury;
(11) "Installation" means the installation, maintenance, service and repair of alarm systems;
(12) "Monitoring" means any off-site central monitoring station or location that receives electronic burglar alarm, closed circuit television or fire alarm signals from multiple locations and notifies or dispatches, or both, other persons to emergency burglaries, hold ups, thefts, vandalism, civil unrest, personal emergencies or fire alarm conditions; and
(13) "Qualifying agent" means any individual licensed by the commissioner whose qualifications have been demonstrated to the commissioner for overseeing and supervising alarm systems contractor operations of any classification or combination of classifications.
Amended by 2023 Tenn. Acts, ch. 436, s 1, eff. 5/11/2023.
Amended by 2021 Tenn. Acts, ch. 294, s 21, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 294, s 20, eff. 7/1/2021.
Acts 1991, ch. 400, § 3; 1993, ch. 429, § 6; 1996, ch. 848, §§ 1, 2; 2007 , ch. 160, § 1; 2012 , ch. 848, § 63.
Tenn. Code Ann. § 62-5-102 — TN Code / Title 62 / Chapter 5 / Section 62-5-102
Persons exempt from chapter
Status: in_force

Nothing in this chapter shall be constituted to prevent or interfere with the ceremonies, customs, religious rites or religion of any people, denomination or sect, to prevent or interfere with any religious denomination, sect or any body composed of persons of a denomination, or to prevent or interfere with any church or synagogue from having its committee or committees prepare human bodies for burial or to the families, friends or neighbors of deceased persons who prepare and bury their dead without charge. Acts 1951, ch. 13, § 16 (Williams, § 7140.16); T.C.A. (orig. ed.), § 62-526; Acts 1997, ch. 169, § 1.
Nothing in this chapter shall be constituted to prevent or interfere with the ceremonies, customs, religious rites or religion of any people, denomination or sect, to prevent or interfere with any religious denomination, sect or any body composed of persons of a denomination, or to prevent or interfere with any church or synagogue from having its committee or committees prepare human bodies for burial or to the families, friends or neighbors of deceased persons who prepare and bury their dead without charge.
Acts 1951, ch. 13, § 16 (Williams, § 7140.16); T.C.A. (orig. ed.), § 62-526; Acts 1997, ch. 169, § 1.
Tenn. Code Ann. § 62-10-101 — TN Code / Title 62 / Chapter 10 / Section 62-10-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Commercial laundry" means any place where laundry work is done for more than ten (10) persons belonging to different families, whether the laundry is operated by hand or power, except hotels in which laundries are maintained for doing the laundry work of guests of the hotel only; (2) "Laundry plant" means any place where commercial laundry is done; (3) "Laundry wagon" means any vehicle in which laundry is collected or delivered to or by a commercial laundry; and (4) "Person" includes persons, firms and corporations. Acts 1937, ch. 94, § 1; C. Supp. 1950, § 7182.41 (Williams, § 7182.43); T.C.A. (orig. ed.), § 62-1001.
As used in this chapter, unless the context otherwise requires:
(1) "Commercial laundry" means any place where laundry work is done for more than ten (10) persons belonging to different families, whether the laundry is operated by hand or power, except hotels in which laundries are maintained for doing the laundry work of guests of the hotel only;
(2) "Laundry plant" means any place where commercial laundry is done;
(3) "Laundry wagon" means any vehicle in which laundry is collected or delivered to or by a commercial laundry; and
(4) "Person" includes persons, firms and corporations.
Acts 1937, ch. 94, § 1; C. Supp. 1950, § 7182.41 (Williams, § 7182.43); T.C.A. (orig. ed.), § 62-1001.
Tenn. Code Ann. § 62-3-135 — TN Code / Title 62 / Chapter 3 / Section 62-3-135
Residential barber certificate
Status: in_force

(a) No person may provide residential services without a valid residential barber certificate issued by the board pursuant to this section. Application for a residential barber certificate must be made upon application forms furnished by the board. (b) The board shall issue a residential barber certificate to an applicant who: (1) Holds a valid, current certificate of registration as a barber; (2) Pays an application fee in an amount set by the board by rule, not to exceed the cost of administering this section; (3) Pays an initial registration fee in an amount set by the board by rule; and (4) Undergoes and passes an initial inspection of the equipment used to provide residential services, as determined by the board by rule. (c) A residential barber certificate is subject to renewal at the same time that the registrant's barber registration is subject to renewal. The renewal fee for a residential barber certificate shall be set by the board by rule. (d) The board may promulgate rules regarding health and safety requirements for barbers providing residential services. (e) (1) The board may either refuse to issue or renew, or may suspend or revoke, any residential barber certificate pursuant to this section for any of the reasons in § 62-3-121 . (2) The board shall revoke any residential barber certificate issued pursuant to this section if the registrant's certificate of registration as a barber expires or is revoked. (3) If a registrant's certificate of registration as a barber is suspended, the board must also suspend the registrant's residential barber certificate that has been issued, if any. (f) Any barber providing residential services shall, prior to performing such services, make the barber's residential barber certificate available to the person for review. (g) For purposes of this section: (1) "Residential barber certificate" means a certificate of registration for the provision of residential services issued by the board; and (2) "Residential services" means services set out in § 62-3-105 when provided in the residence of the person to whom the services are being rendered. Added by 2017 Tenn. Acts, ch. 102, s 2, eff. 1/1/2018.
(a) No person may provide residential services without a valid residential barber certificate issued by the board pursuant to this section. Application for a residential barber certificate must be made upon application forms furnished by the board.
(b) The board shall issue a residential barber certificate to an applicant who: (1) Holds a valid, current certificate of registration as a barber; (2) Pays an application fee in an amount set by the board by rule, not to exceed the cost of administering this section; (3) Pays an initial registration fee in an amount set by the board by rule; and (4) Undergoes and passes an initial inspection of the equipment used to provide residential services, as determined by the board by rule.
(1) Holds a valid, current certificate of registration as a barber;
(2) Pays an application fee in an amount set by the board by rule, not to exceed the cost of administering this section;
(3) Pays an initial registration fee in an amount set by the board by rule; and
(4) Undergoes and passes an initial inspection of the equipment used to provide residential services, as determined by the board by rule.
(c) A residential barber certificate is subject to renewal at the same time that the registrant's barber registration is subject to renewal. The renewal fee for a residential barber certificate shall be set by the board by rule.
(d) The board may promulgate rules regarding health and safety requirements for barbers providing residential services.
(e) (1) The board may either refuse to issue or renew, or may suspend or revoke, any residential barber certificate pursuant to this section for any of the reasons in § 62-3-121 . (2) The board shall revoke any residential barber certificate issued pursuant to this section if the registrant's certificate of registration as a barber expires or is revoked. (3) If a registrant's certificate of registration as a barber is suspended, the board must also suspend the registrant's residential barber certificate that has been issued, if any.
(1) The board may either refuse to issue or renew, or may suspend or revoke, any residential barber certificate pursuant to this section for any of the reasons in § 62-3-121 .
(2) The board shall revoke any residential barber certificate issued pursuant to this section if the registrant's certificate of registration as a barber expires or is revoked.
(3) If a registrant's certificate of registration as a barber is suspended, the board must also suspend the registrant's residential barber certificate that has been issued, if any.
(f) Any barber providing residential services shall, prior to performing such services, make the barber's residential barber certificate available to the person for review.
(g) For purposes of this section: (1) "Residential barber certificate" means a certificate of registration for the provision of residential services issued by the board; and (2) "Residential services" means services set out in § 62-3-105 when provided in the residence of the person to whom the services are being rendered.
(1) "Residential barber certificate" means a certificate of registration for the provision of residential services issued by the board; and
(2) "Residential services" means services set out in § 62-3-105 when provided in the residence of the person to whom the services are being rendered.
Added by 2017 Tenn. Acts, ch. 102, s 2, eff. 1/1/2018.
Tenn. Code Ann. § 62-38-308 — TN Code / Title 62 / Chapter 38 / Section 62-38-308
Administrative and regulatory action authorized
Status: in_force

(a) The commissioner shall promulgate emergency rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the implementation and enforcement of this part. The rules shall include, at a minimum, all of the following: (1) Safety and sanitation standards and procedures to be followed to prevent the transmission of infectious diseases during the performance of body piercing procedures, including a requirement that the operator provide to each patron printed instructions on the care of the skin after body piercing and requiring a copy of the instructions to be posted in a conspicuous place in the body piercing establishment; (2) Standards and procedures to be followed for appropriate disinfecting and sterilization of all invasive equipment or parts of equipment used in body piercing procedures; and (3) Procedures for suspending and revoking licenses and permits pertaining to body piercing. (b) The rules promulgated pursuant to this part shall establish universal blood and body fluid precautions to be used by any technician who performs body piercing procedures. (c) The rules promulgated pursuant to this part may include standards and procedures to be followed by a business that offers body piercing services to ensure that the technicians who perform body piercing procedures for the business are adequately trained to perform the procedures properly. (d) The rules promulgated pursuant to this part shall establish fees for issuing licenses and permits, as well as penalties for late payment. The fees shall be sufficient to cover one hundred percent (100%) of the department's cost of the program. Acts 2001, ch. 336, § 9; 2009, ch. 566, § 12.
(a) The commissioner shall promulgate emergency rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the implementation and enforcement of this part. The rules shall include, at a minimum, all of the following: (1) Safety and sanitation standards and procedures to be followed to prevent the transmission of infectious diseases during the performance of body piercing procedures, including a requirement that the operator provide to each patron printed instructions on the care of the skin after body piercing and requiring a copy of the instructions to be posted in a conspicuous place in the body piercing establishment; (2) Standards and procedures to be followed for appropriate disinfecting and sterilization of all invasive equipment or parts of equipment used in body piercing procedures; and (3) Procedures for suspending and revoking licenses and permits pertaining to body piercing.
(1) Safety and sanitation standards and procedures to be followed to prevent the transmission of infectious diseases during the performance of body piercing procedures, including a requirement that the operator provide to each patron printed instructions on the care of the skin after body piercing and requiring a copy of the instructions to be posted in a conspicuous place in the body piercing establishment;
(2) Standards and procedures to be followed for appropriate disinfecting and sterilization of all invasive equipment or parts of equipment used in body piercing procedures; and
(3) Procedures for suspending and revoking licenses and permits pertaining to body piercing.
(b) The rules promulgated pursuant to this part shall establish universal blood and body fluid precautions to be used by any technician who performs body piercing procedures.
(c) The rules promulgated pursuant to this part may include standards and procedures to be followed by a business that offers body piercing services to ensure that the technicians who perform body piercing procedures for the business are adequately trained to perform the procedures properly.
(d) The rules promulgated pursuant to this part shall establish fees for issuing licenses and permits, as well as penalties for late payment. The fees shall be sufficient to cover one hundred percent (100%) of the department's cost of the program.
Acts 2001, ch. 336, § 9; 2009, ch. 566, § 12.
Tenn. Code Ann. § 62-32-302 — TN Code / Title 62 / Chapter 32 / Section 62-32-302
Purpose
Status: in_force

The purpose of this part is to provide uniform procedures and qualifications throughout this state for the certifying, licensing and regulation of alarm systems contractors and to protect the safety and security of persons and property by assuring the competence of individuals or companies offering alarm systems and services to the general public. Acts 1991, ch. 400, § 2.
The purpose of this part is to provide uniform procedures and qualifications throughout this state for the certifying, licensing and regulation of alarm systems contractors and to protect the safety and security of persons and property by assuring the competence of individuals or companies offering alarm systems and services to the general public.
Acts 1991, ch. 400, § 2.
Tenn. Code Ann. § 62-38-206 — TN Code / Title 62 / Chapter 38 / Section 62-38-206
Posting studio certificate permit and copy of statutes
Status: in_force

(a) It is the duty of the owner or operator of a tattoo establishment to post the current studio certificate permit in a conspicuous place where it may be readily observed by the public. (b) It is the duty of the owner or operator of a tattoo establishment to post a copy of the statutes contained in this part in a conspicuous place where it may be readily observed by the public. Acts 1996, ch. 1004, § 7; 2012, ch. 981, § 2.
(a) It is the duty of the owner or operator of a tattoo establishment to post the current studio certificate permit in a conspicuous place where it may be readily observed by the public.
(b) It is the duty of the owner or operator of a tattoo establishment to post a copy of the statutes contained in this part in a conspicuous place where it may be readily observed by the public.
Acts 1996, ch. 1004, § 7; 2012, ch. 981, § 2.
Tenn. Code Ann. § 62-26-201 — TN Code / Title 62 / Chapter 26 / Section 62-26-201
Short title
Status: in_force

This part shall be known and may be cited as the "Private Investigators Licensing and Regulatory Act." Amended by 2021 Tenn. Acts, ch. 294, s 9, eff. 7/1/2021. Acts 1990, ch. 780, § 2.
This part shall be known and may be cited as the "Private Investigators Licensing and Regulatory Act."
Amended by 2021 Tenn. Acts, ch. 294, s 9, eff. 7/1/2021.
Acts 1990, ch. 780, § 2.
Tenn. Code Ann. § 62-20-118 — TN Code / Title 62 / Chapter 20 / Section 62-20-118
User responsible for ascertaining service is licensed
Status: in_force

Any person who places an account with a collection service is responsible for determining that the service is licensed as required by this chapter. Acts 1981, ch. 170, § 18.
Any person who places an account with a collection service is responsible for determining that the service is licensed as required by this chapter.
Acts 1981, ch. 170, § 18.
Tenn. Code Ann. § 62-32-304 — TN Code / Title 62 / Chapter 32 / Section 62-32-304
Prohibited activities - Requirements
Status: in_force

(a) No person shall engage in or hold out as engaging in the business of an alarm systems contractor without first being certified in accordance with this part. (b) No person shall do business under this part unless the business entity has in its employ a qualifying agent who meets the requirements for licensing by the commissioner and who is, in fact, licensed under this part. The qualifying agent who is licensed under this part shall be in a management position and be responsible for overseeing the quality of operations of the alarm systems contractor. (c) In the event that the qualifying agent upon whom the business entity relies in order to do business ceases to perform the agent's duties as qualifying agent, the business entity shall notify the commissioner within ten (10) working days. The business entity must obtain a substitute qualifying agent within thirty (30) days after the original qualifying agent ceases to serve as qualifying agent unless the commissioner, in its discretion, extends this period for good cause for a period not to exceed three (3) months. (d) The certification application shall designate at least one (1) qualifying agent who is or shall be licensed for each classification of service to be performed by the certified business entity. No qualifying agent who has been so designated may serve on behalf of or be employed by any other business entity. The certification application shall designate for which classification or classifications the applicant is seeking a certification. (e) No alarm systems contractor may participate in a joint venture to provide equipment or services that require certification under this part unless all parties to the joint venture are certified in accordance with this part. (f) No contractor may subcontract the provision of equipment or services requiring a certification under this part to any uncertified person, firm, association or corporation except as provided in § 62-32-305(7) . (g) No alarm systems contractor shall retain as an employee any person known not to be of good moral character. (h) No person shall act as an alarm systems contractor under a certification without having a licensed qualified agent who holds a valid license in the category for which business is sought or work is to be done. (i) No person shall act as a qualified agent without a valid license issued by the commissioner. (j) No person shall sell and install, service, monitor or respond to alarm signals, signal devices, fire alarms, burglar alarms, television or still cameras used to detect fire, burglary, breaking or entering, intrusion, shoplifting, pilferage or theft in violation of this part or the rules adopted under this part. (k) No person shall advise anyone as to the need, quantity or quality of alarm systems and sell the systems unless certified, licensed or registered under this part. Acts 1991, ch. 400, § 4; 1992, ch. 977, § 1; 1996, ch. 848, §§ 3, 13.
(a) No person shall engage in or hold out as engaging in the business of an alarm systems contractor without first being certified in accordance with this part.
(b) No person shall do business under this part unless the business entity has in its employ a qualifying agent who meets the requirements for licensing by the commissioner and who is, in fact, licensed under this part. The qualifying agent who is licensed under this part shall be in a management position and be responsible for overseeing the quality of operations of the alarm systems contractor.
(c) In the event that the qualifying agent upon whom the business entity relies in order to do business ceases to perform the agent's duties as qualifying agent, the business entity shall notify the commissioner within ten (10) working days. The business entity must obtain a substitute qualifying agent within thirty (30) days after the original qualifying agent ceases to serve as qualifying agent unless the commissioner, in its discretion, extends this period for good cause for a period not to exceed three (3) months.
(d) The certification application shall designate at least one (1) qualifying agent who is or shall be licensed for each classification of service to be performed by the certified business entity. No qualifying agent who has been so designated may serve on behalf of or be employed by any other business entity. The certification application shall designate for which classification or classifications the applicant is seeking a certification.
(e) No alarm systems contractor may participate in a joint venture to provide equipment or services that require certification under this part unless all parties to the joint venture are certified in accordance with this part.
(f) No contractor may subcontract the provision of equipment or services requiring a certification under this part to any uncertified person, firm, association or corporation except as provided in § 62-32-305(7) .
(g) No alarm systems contractor shall retain as an employee any person known not to be of good moral character.
(h) No person shall act as an alarm systems contractor under a certification without having a licensed qualified agent who holds a valid license in the category for which business is sought or work is to be done.
(i) No person shall act as a qualified agent without a valid license issued by the commissioner.
(j) No person shall sell and install, service, monitor or respond to alarm signals, signal devices, fire alarms, burglar alarms, television or still cameras used to detect fire, burglary, breaking or entering, intrusion, shoplifting, pilferage or theft in violation of this part or the rules adopted under this part.
(k) No person shall advise anyone as to the need, quantity or quality of alarm systems and sell the systems unless certified, licensed or registered under this part.
Acts 1991, ch. 400, § 4; 1992, ch. 977, § 1; 1996, ch. 848, §§ 3, 13.
Tenn. Code Ann. § 62-6-504 — TN Code / Title 62 / Chapter 6 / Section 62-6-504
Licensing fees
Status: in_force

(a) No license may be issued or become effective until the applicant pays all required fees as set by the board for licensing contractors. The biennial license fee shall not exceed two hundred fifty dollars ($250). (b) The fee for issuing a duplicate license for one lost, destroyed or mutilated shall be set by the board. (c) The fee for copies of documents on file in the commissioner's office is two dollars ($2.00) per page. Acts 2007, ch. 460, § 2.
(a) No license may be issued or become effective until the applicant pays all required fees as set by the board for licensing contractors. The biennial license fee shall not exceed two hundred fifty dollars ($250).
(b) The fee for issuing a duplicate license for one lost, destroyed or mutilated shall be set by the board.
(c) The fee for copies of documents on file in the commissioner's office is two dollars ($2.00) per page.
Acts 2007, ch. 460, § 2.
Tenn. Code Ann. § 62-32-108 — TN Code / Title 62 / Chapter 32 / Section 62-32-108
Posting of certificates and licenses - Number and expiration date to be conspicuous
Status: in_force

(a) Each certificate of registration and license issued under this part shall be conspicuously posted in the fire protection sprinkler system contractor's place of business. (b) All bids, advertising, promotions or solicitations for the sale, installation or service of fire protection sprinkler systems shall prominently indicate the certificate of registration number and expiration date of the fire protection sprinkler system contractor. Acts 1984, ch. 949, § 8; 1987, ch. 268, § 4.
(a) Each certificate of registration and license issued under this part shall be conspicuously posted in the fire protection sprinkler system contractor's place of business.
(b) All bids, advertising, promotions or solicitations for the sale, installation or service of fire protection sprinkler systems shall prominently indicate the certificate of registration number and expiration date of the fire protection sprinkler system contractor.
Acts 1984, ch. 949, § 8; 1987, ch. 268, § 4.
Tenn. Code Ann. § 62-39-407 — TN Code / Title 62 / Chapter 39 / Section 62-39-407
Completion of irrevocable uniform consent to service of process
Status: in_force

Each entity applying for a registration as an appraisal management company in Tennessee shall complete an irrevocable uniform consent to service of process, as prescribed by the commission. Acts 2010, ch. 963, § 8.
Each entity applying for a registration as an appraisal management company in Tennessee shall complete an irrevocable uniform consent to service of process, as prescribed by the commission.
Acts 2010, ch. 963, § 8.
Tenn. Code Ann. § 62-43-107 — TN Code / Title 62 / Chapter 43 / Section 62-43-107
Fees
Status: in_force

(a) The department may establish the following fees by rule: (1) Initial application fee; (2) Initial registration fee, which includes a fee for limited registration, as applicable; and (3) Renewal registration fee. (b) No fee charged pursuant to this section shall exceed the amount reasonably necessary for the administration of this chapter. All fees collected by this state pursuant to this chapter shall be used by the department to implement and administer this chapter. The fees shall be deposited in a reserve for such purposes and the principal and interest of the reserve shall not revert on June 30 of any year. (c) Fees under this section shall be: (1) Remitted with the application or with the hearing request; (2) Payable to this state; and (3) Nonrefundable. Acts 2012, ch. 1081, § 1.
(a) The department may establish the following fees by rule: (1) Initial application fee; (2) Initial registration fee, which includes a fee for limited registration, as applicable; and (3) Renewal registration fee.
(1) Initial application fee;
(2) Initial registration fee, which includes a fee for limited registration, as applicable; and
(3) Renewal registration fee.
(b) No fee charged pursuant to this section shall exceed the amount reasonably necessary for the administration of this chapter. All fees collected by this state pursuant to this chapter shall be used by the department to implement and administer this chapter. The fees shall be deposited in a reserve for such purposes and the principal and interest of the reserve shall not revert on June 30 of any year.
(c) Fees under this section shall be: (1) Remitted with the application or with the hearing request; (2) Payable to this state; and (3) Nonrefundable.
(1) Remitted with the application or with the hearing request;
(2) Payable to this state; and
(3) Nonrefundable.
Acts 2012, ch. 1081, § 1.
Tenn. Code Ann. § 62-5-601 — TN Code / Title 62 / Chapter 5 / Section 62-5-601
Continuing education requirement for license renewals
Status: in_force

(a) Every licensed embalmer holding a Tennessee license shall submit with the renewal application evidence of satisfactory completion of a continuing education program in mortuary science approved by the board. (b) Every licensed funeral director holding a Tennessee license shall submit with the renewal application evidence of satisfactory completion of a continuing education program in funeral directing approved by the board. (c) (1) Each licensee holding a Tennessee license shall submit with the license renewal application satisfactory proof of completion of a minimum of ten (10) hours of continuing education coursework approved by the board. Compliance with the continuing education coursework is mandatory for renewal of a license. Of the ten (10) hours of continuing education coursework, five (5) hours must be attended in-person. (2) As used in this subsection (c): (A) "Attended in-person" means the continuing education coursework is completed by the licensee in the physical presence of the provider of the coursework or is completed by the licensee through an interactive virtual program that requires participants to confirm their presence during the program; and (B) "Interactive" means the provider of the coursework provides a continuous two-way transfer of information between the licensee and the provider's point of origin. (d) Any licensee who is sixty-five (65) years of age or older or who has held a license continuously for ten (10) years on or before October 1, 2000, shall be exempt from the continuing education requirements in this chapter. In addition, a licensee who demonstrates to the board on the prescribed form that the licensee is disabled and is not practicing either funeral directing or embalming is exempt from the continuing education requirements set forth in this chapter. (e) The board, for good cause, shall have the power to excuse licensees from the continuing education requirements set forth in this chapter. (f) Continuing education credit or credits may be obtained by attending and participating in continuing education courses or workshops approved by the board. (g) No continuing education hours from one licensing period may be carried over to a subsequent licensing period. Amended by 2022 Tenn. Acts, ch. 1014, s 2, eff. 5/9/2022. Amended by 2017 Tenn. Acts, ch. 154, s 1, eff. 7/1/2017. Acts 1997 , ch. 275, § 2.
(a) Every licensed embalmer holding a Tennessee license shall submit with the renewal application evidence of satisfactory completion of a continuing education program in mortuary science approved by the board.
(b) Every licensed funeral director holding a Tennessee license shall submit with the renewal application evidence of satisfactory completion of a continuing education program in funeral directing approved by the board.
(c) (1) Each licensee holding a Tennessee license shall submit with the license renewal application satisfactory proof of completion of a minimum of ten (10) hours of continuing education coursework approved by the board. Compliance with the continuing education coursework is mandatory for renewal of a license. Of the ten (10) hours of continuing education coursework, five (5) hours must be attended in-person. (2) As used in this subsection (c): (A) "Attended in-person" means the continuing education coursework is completed by the licensee in the physical presence of the provider of the coursework or is completed by the licensee through an interactive virtual program that requires participants to confirm their presence during the program; and (B) "Interactive" means the provider of the coursework provides a continuous two-way transfer of information between the licensee and the provider's point of origin.
(1) Each licensee holding a Tennessee license shall submit with the license renewal application satisfactory proof of completion of a minimum of ten (10) hours of continuing education coursework approved by the board. Compliance with the continuing education coursework is mandatory for renewal of a license. Of the ten (10) hours of continuing education coursework, five (5) hours must be attended in-person.
(2) As used in this subsection (c): (A) "Attended in-person" means the continuing education coursework is completed by the licensee in the physical presence of the provider of the coursework or is completed by the licensee through an interactive virtual program that requires participants to confirm their presence during the program; and (B) "Interactive" means the provider of the coursework provides a continuous two-way transfer of information between the licensee and the provider's point of origin.
(A) "Attended in-person" means the continuing education coursework is completed by the licensee in the physical presence of the provider of the coursework or is completed by the licensee through an interactive virtual program that requires participants to confirm their presence during the program; and
(B) "Interactive" means the provider of the coursework provides a continuous two-way transfer of information between the licensee and the provider's point of origin.
(d) Any licensee who is sixty-five (65) years of age or older or who has held a license continuously for ten (10) years on or before October 1, 2000, shall be exempt from the continuing education requirements in this chapter. In addition, a licensee who demonstrates to the board on the prescribed form that the licensee is disabled and is not practicing either funeral directing or embalming is exempt from the continuing education requirements set forth in this chapter.
(e) The board, for good cause, shall have the power to excuse licensees from the continuing education requirements set forth in this chapter.
(f) Continuing education credit or credits may be obtained by attending and participating in continuing education courses or workshops approved by the board.
(g) No continuing education hours from one licensing period may be carried over to a subsequent licensing period.
Amended by 2022 Tenn. Acts, ch. 1014, s 2, eff. 5/9/2022.
Amended by 2017 Tenn. Acts, ch. 154, s 1, eff. 7/1/2017.
Acts 1997 , ch. 275, § 2.
Tenn. Code Ann. § 62-5-107 — TN Code / Title 62 / Chapter 5 / Section 62-5-107
Utilization of licensed crematory facilities by funeral directors - Penalty for violation -Limited civil liability
Status: in_force

(a) A funeral director shall utilize the services only of licensed crematory facilities. (b) If a funeral director utilizes the services of a crematory outside of this state, the crematory must be a licensed facility of the state in which the crematory is located. (c) Prior to utilizing a crematory, the funeral director shall: (1) Determine that the crematory is currently licensed in this state or, if an out-of-state crematory, the state in which it is located; (2) Obtain and maintain a copy of the crematory's current license and further maintain a copy of the results of the latest regularly scheduled inspection of the crematory by the state in which the facility is located, if that state inspects crematories; and (3) Deliver a written disclosure to the authorizing agent or agents. The written disclosure shall, at a minimum: (A) Include the name, telephone number and address of the in-state or out-of-state crematory; (B) Provide for the specific consent of the authorizing agent or agents for the use of the in-state or out-of-state crematory; (C) Be signed and dated by the funeral director and the authorizing agent or agents; and (D) Be retained by the Tennessee funeral director at a licensed Tennessee funeral establishment, with a copy provided to the authorizing agent or agents. (d) Notwithstanding § 62-5-103 , a violation for each use of an unlicensed crematory pursuant to this section shall be punishable only as provided by §§ 56-1-308 and 62-5-317 and any rules promulgated under §§ 56-1-308 and 62-5-317 . (e) (1) The funeral director shall not be liable for damages in a civil action for any error, inaccuracy or omission of any information delivered pursuant to this section if: (A) The error, inaccuracy or omission was based upon information provided by public agencies or by other individuals or entities providing information that is required to be disclosed pursuant to this section; and (B) The funeral director was not grossly negligent in obtaining the information from a third party and transmitting the information as required under this section. (2) It is an affirmative defense in any such civil action that the funeral director complied with the requirements of this section upon submitting to the court copies of the signed consent form and the license and inspection results of the in-state or out-of-state crematory used by the funeral director for the cremation of the dead human body or body parts that is the subject of the civil action. Acts 2002, ch. 809, § 2.
(a) A funeral director shall utilize the services only of licensed crematory facilities.
(b) If a funeral director utilizes the services of a crematory outside of this state, the crematory must be a licensed facility of the state in which the crematory is located.
(c) Prior to utilizing a crematory, the funeral director shall: (1) Determine that the crematory is currently licensed in this state or, if an out-of-state crematory, the state in which it is located; (2) Obtain and maintain a copy of the crematory's current license and further maintain a copy of the results of the latest regularly scheduled inspection of the crematory by the state in which the facility is located, if that state inspects crematories; and (3) Deliver a written disclosure to the authorizing agent or agents. The written disclosure shall, at a minimum: (A) Include the name, telephone number and address of the in-state or out-of-state crematory; (B) Provide for the specific consent of the authorizing agent or agents for the use of the in-state or out-of-state crematory; (C) Be signed and dated by the funeral director and the authorizing agent or agents; and (D) Be retained by the Tennessee funeral director at a licensed Tennessee funeral establishment, with a copy provided to the authorizing agent or agents.
(1) Determine that the crematory is currently licensed in this state or, if an out-of-state crematory, the state in which it is located;
(2) Obtain and maintain a copy of the crematory's current license and further maintain a copy of the results of the latest regularly scheduled inspection of the crematory by the state in which the facility is located, if that state inspects crematories; and
(3) Deliver a written disclosure to the authorizing agent or agents. The written disclosure shall, at a minimum: (A) Include the name, telephone number and address of the in-state or out-of-state crematory; (B) Provide for the specific consent of the authorizing agent or agents for the use of the in-state or out-of-state crematory; (C) Be signed and dated by the funeral director and the authorizing agent or agents; and (D) Be retained by the Tennessee funeral director at a licensed Tennessee funeral establishment, with a copy provided to the authorizing agent or agents.
(A) Include the name, telephone number and address of the in-state or out-of-state crematory;
(B) Provide for the specific consent of the authorizing agent or agents for the use of the in-state or out-of-state crematory;
(C) Be signed and dated by the funeral director and the authorizing agent or agents; and
(D) Be retained by the Tennessee funeral director at a licensed Tennessee funeral establishment, with a copy provided to the authorizing agent or agents.
(d) Notwithstanding § 62-5-103 , a violation for each use of an unlicensed crematory pursuant to this section shall be punishable only as provided by §§ 56-1-308 and 62-5-317 and any rules promulgated under §§ 56-1-308 and 62-5-317 .
(e) (1) The funeral director shall not be liable for damages in a civil action for any error, inaccuracy or omission of any information delivered pursuant to this section if: (A) The error, inaccuracy or omission was based upon information provided by public agencies or by other individuals or entities providing information that is required to be disclosed pursuant to this section; and (B) The funeral director was not grossly negligent in obtaining the information from a third party and transmitting the information as required under this section. (2) It is an affirmative defense in any such civil action that the funeral director complied with the requirements of this section upon submitting to the court copies of the signed consent form and the license and inspection results of the in-state or out-of-state crematory used by the funeral director for the cremation of the dead human body or body parts that is the subject of the civil action.
(1) The funeral director shall not be liable for damages in a civil action for any error, inaccuracy or omission of any information delivered pursuant to this section if: (A) The error, inaccuracy or omission was based upon information provided by public agencies or by other individuals or entities providing information that is required to be disclosed pursuant to this section; and (B) The funeral director was not grossly negligent in obtaining the information from a third party and transmitting the information as required under this section.
(A) The error, inaccuracy or omission was based upon information provided by public agencies or by other individuals or entities providing information that is required to be disclosed pursuant to this section; and
(B) The funeral director was not grossly negligent in obtaining the information from a third party and transmitting the information as required under this section.
(2) It is an affirmative defense in any such civil action that the funeral director complied with the requirements of this section upon submitting to the court copies of the signed consent form and the license and inspection results of the in-state or out-of-state crematory used by the funeral director for the cremation of the dead human body or body parts that is the subject of the civil action.
Acts 2002, ch. 809, § 2.
Tenn. Code Ann. § 62-32-306 — TN Code / Title 62 / Chapter 32 / Section 62-32-306
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 294, s 22, eff. 7/1/2021. Acts 1991, ch. 400, § 6; 1993, ch. 429, § 9; 1996, ch. 848, § 4; 2012 , ch. 619, § 3.
Repealed by 2021 Tenn. Acts, ch. 294, s 22, eff. 7/1/2021.
Acts 1991, ch. 400, § 6; 1993, ch. 429, § 9; 1996, ch. 848, § 4; 2012 , ch. 619, § 3.
Tenn. Code Ann. § 62-9-108 — TN Code / Title 62 / Chapter 9 / Section 62-9-108
Offense of purchasing or possessing metal beer kegs - Violation - Prosecution for other offenses
Status: in_force

(a) No scrap metal dealer shall knowingly purchase or possess a metal beer keg, whether damaged or undamaged, or any reasonably recognizable part of a metal beer keg, on any premises that the dealer uses to buy, sell, store, shred, melt, cut or otherwise alter scrap metal. (b) (1) A violation of this section is a Class A misdemeanor punishable by fine only. (2) Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for any applicable criminal offense. Acts 2008, ch. 690, § 1.
(a) No scrap metal dealer shall knowingly purchase or possess a metal beer keg, whether damaged or undamaged, or any reasonably recognizable part of a metal beer keg, on any premises that the dealer uses to buy, sell, store, shred, melt, cut or otherwise alter scrap metal.
(b) (1) A violation of this section is a Class A misdemeanor punishable by fine only. (2) Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for any applicable criminal offense.
(1) A violation of this section is a Class A misdemeanor punishable by fine only.
(2) Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for any applicable criminal offense.
Acts 2008, ch. 690, § 1.
Tenn. Code Ann. § 62-19-102 — TN Code / Title 62 / Chapter 19 / Section 62-19-102
License requirement
Status: in_force

(a) It is unlawful for a person to: (1) Act as, advertise as, or represent to be an auctioneer without holding a valid license issued by the commission; (2) Conduct or offer to conduct an auction of real property unless the person is duly licensed as an auctioneer or affiliate auctioneer and as a broker or affiliate broker under chapter 13 of this title. However, with respect to the authority of an affiliate auctioneer to conduct or offer to conduct an auction of real property, the auctioneer for whom the affiliate auctioneer is employed for such purposes must be on the premises of the property during the auction. This subdivision (a)(2) does not require ringpersons or other persons not vocally conducting an auction to be duly licensed as auctioneers, nor duly licensed under chapter 13 of this title, unless the ringpersons or other persons act as an affiliate broker or broker within the meaning of chapter 13 of this title; or (3) Act as, advertise as, or represent to be a public automobile auctioneer unless the person is duly licensed as a public automobile auctioneer and as a motor vehicle dealer under title 55, chapter 17, part 1. (b) All auctions arranged by or through a principal auctioneer must be conducted exclusively by individuals licensed under this chapter. Amended by 2019 Tenn. Acts, ch. 471, s 5, eff. 7/1/2019. Acts 1967, ch. 335, § 2; T.C.A., § 62-1902; Acts 1983, ch. 250, §2; 1985, ch. 357, §1; 2003 , ch. 24, §§1, 2; 2008 , ch. 724, § 2.
(a) It is unlawful for a person to: (1) Act as, advertise as, or represent to be an auctioneer without holding a valid license issued by the commission; (2) Conduct or offer to conduct an auction of real property unless the person is duly licensed as an auctioneer or affiliate auctioneer and as a broker or affiliate broker under chapter 13 of this title. However, with respect to the authority of an affiliate auctioneer to conduct or offer to conduct an auction of real property, the auctioneer for whom the affiliate auctioneer is employed for such purposes must be on the premises of the property during the auction. This subdivision (a)(2) does not require ringpersons or other persons not vocally conducting an auction to be duly licensed as auctioneers, nor duly licensed under chapter 13 of this title, unless the ringpersons or other persons act as an affiliate broker or broker within the meaning of chapter 13 of this title; or (3) Act as, advertise as, or represent to be a public automobile auctioneer unless the person is duly licensed as a public automobile auctioneer and as a motor vehicle dealer under title 55, chapter 17, part 1.
(1) Act as, advertise as, or represent to be an auctioneer without holding a valid license issued by the commission;
(2) Conduct or offer to conduct an auction of real property unless the person is duly licensed as an auctioneer or affiliate auctioneer and as a broker or affiliate broker under chapter 13 of this title. However, with respect to the authority of an affiliate auctioneer to conduct or offer to conduct an auction of real property, the auctioneer for whom the affiliate auctioneer is employed for such purposes must be on the premises of the property during the auction. This subdivision (a)(2) does not require ringpersons or other persons not vocally conducting an auction to be duly licensed as auctioneers, nor duly licensed under chapter 13 of this title, unless the ringpersons or other persons act as an affiliate broker or broker within the meaning of chapter 13 of this title; or
(3) Act as, advertise as, or represent to be a public automobile auctioneer unless the person is duly licensed as a public automobile auctioneer and as a motor vehicle dealer under title 55, chapter 17, part 1.
(b) All auctions arranged by or through a principal auctioneer must be conducted exclusively by individuals licensed under this chapter.
Amended by 2019 Tenn. Acts, ch. 471, s 5, eff. 7/1/2019.
Acts 1967, ch. 335, § 2; T.C.A., § 62-1902; Acts 1983, ch. 250, §2; 1985, ch. 357, §1; 2003 , ch. 24, §§1, 2; 2008 , ch. 724, § 2.
Tenn. Code Ann. § 62-18-117 — TN Code / Title 62 / Chapter 18 / Section 62-18-117
Replacement of lost or destroyed certificates
Status: in_force

A new certificate of registration to replace any certificate lost, destroyed or mutilated may be issued, subject to the rules and regulations of the board. A charge of fifty dollars ($50.00), or such other amount as set by the board, shall be made for reissuance. Acts 1969, ch. 207, § 11; T.C.A., § 62-1816; Acts 1990, ch. 1026, § 24; 1998, ch. 676, § 6.
A new certificate of registration to replace any certificate lost, destroyed or mutilated may be issued, subject to the rules and regulations of the board. A charge of fifty dollars ($50.00), or such other amount as set by the board, shall be made for reissuance.
Acts 1969, ch. 207, § 11; T.C.A., § 62-1816; Acts 1990, ch. 1026, § 24; 1998, ch. 676, § 6.
Tenn. Code Ann. § 62-39-313 — TN Code / Title 62 / Chapter 39 / Section 62-39-313
Certification - Experience requirement
Status: in_force

(a) As a prerequisite to certification, a person must have completed the appraisal experience requirement currently set forth by the appraisal qualifications board of the appraisal foundation. (b) Each applicant for certification shall furnish under oath a detailed listing of the real estate appraisal reports or file memoranda for each year for which experience is claimed by the applicant. Upon request, the applicant shall make available to the commission for examination a sample of appraisal reports that the applicant has prepared in the course of the applicant's appraisal practice. (c) It is the intent of this chapter to meet the minimum criteria for certification established from time to time by the appraiser qualifications board of the appraisal foundation and the commission may recommend changes to this section to meet those criteria. Acts 1990, ch. 865, § 22; 1991, ch. 108, § 2; 1994, ch. 605, § 4.
(a) As a prerequisite to certification, a person must have completed the appraisal experience requirement currently set forth by the appraisal qualifications board of the appraisal foundation.
(b) Each applicant for certification shall furnish under oath a detailed listing of the real estate appraisal reports or file memoranda for each year for which experience is claimed by the applicant. Upon request, the applicant shall make available to the commission for examination a sample of appraisal reports that the applicant has prepared in the course of the applicant's appraisal practice.
(c) It is the intent of this chapter to meet the minimum criteria for certification established from time to time by the appraiser qualifications board of the appraisal foundation and the commission may recommend changes to this section to meet those criteria.
Acts 1990, ch. 865, § 22; 1991, ch. 108, § 2; 1994, ch. 605, § 4.
Tenn. Code Ann. § 62-39-204 — TN Code / Title 62 / Chapter 39 / Section 62-39-204
Powers and duties
Status: in_force

The commission has the power and duty to: (1) Further define by regulation, for state licensed appraisers and with respect to each category of state certified real estate appraiser, the type of educational experience, appraisal experience and equivalent experience that will meet the statutory requirements of this chapter; (2) Establish the examination specifications for state licensed appraisers and for each category of state certified real estate appraiser, to provide or procure appropriate examination questions and answers and to establish procedures for grading examinations; (3) Solicit bids and enter into contracts with one (1) or more educational testing services or organizations for the preparation of a bank of questions and answers for licensing and certification examinations that meet the examination specifications adopted from time to time by the commission; (4) Approve licensing and certification examinations, based upon the bank of questions and answers and the question selection process approved by the commission, in places and at times that may be required to carry out its responsibilities under this chapter; (5) Approve or disapprove applications for licenses and certification and issue real estate appraisal licenses and certificates; (6) Further define by regulation, for state licensed appraisers and with respect to each category of state licensed and certified real estate appraiser, the continuing education requirements for the renewal of certification that will meet the statutory requirements provided in this chapter; (7) Review from time to time the standards for the development and communication of real estate appraisals provided in this chapter and to adopt regulations explaining and interpreting the standards; (8) Establish administrative procedures for disciplinary proceedings conducted pursuant to this chapter; (9) Censure, suspend and revoke licenses and certificates pursuant to the disciplinary proceedings provided for in §§ 62-39-326 - 62-39-328; (10) Receive applications for state licenses and certification; (11) Establish the administrative procedures for processing applications for state licenses and certification; (12) Maintain a registry of the names and addresses of people licensed or certified under this chapter; (13) Retain records and all application materials submitted to it; (14) Collect from the individuals who perform or seek to perform appraisals in federally related transactions an annual registry fee in an amount designated by the federal appraisal subcommittee, the fees to be transmitted to the subcommittee annually; (15) Audit from time to time the experience of license and certificate holders for compliance with standards of practice; and (16) Perform other functions and duties that may be necessary in carrying out this chapter. Acts 1990, ch. 865, § 8; 1991, ch. 366, § 10; 1995, ch. 222, § 2.
The commission has the power and duty to:
(1) Further define by regulation, for state licensed appraisers and with respect to each category of state certified real estate appraiser, the type of educational experience, appraisal experience and equivalent experience that will meet the statutory requirements of this chapter;
(2) Establish the examination specifications for state licensed appraisers and for each category of state certified real estate appraiser, to provide or procure appropriate examination questions and answers and to establish procedures for grading examinations;
(3) Solicit bids and enter into contracts with one (1) or more educational testing services or organizations for the preparation of a bank of questions and answers for licensing and certification examinations that meet the examination specifications adopted from time to time by the commission;
(4) Approve licensing and certification examinations, based upon the bank of questions and answers and the question selection process approved by the commission, in places and at times that may be required to carry out its responsibilities under this chapter;
(5) Approve or disapprove applications for licenses and certification and issue real estate appraisal licenses and certificates;
(6) Further define by regulation, for state licensed appraisers and with respect to each category of state licensed and certified real estate appraiser, the continuing education requirements for the renewal of certification that will meet the statutory requirements provided in this chapter;
(7) Review from time to time the standards for the development and communication of real estate appraisals provided in this chapter and to adopt regulations explaining and interpreting the standards;
(8) Establish administrative procedures for disciplinary proceedings conducted pursuant to this chapter;
(9) Censure, suspend and revoke licenses and certificates pursuant to the disciplinary proceedings provided for in §§ 62-39-326 - 62-39-328;
(10) Receive applications for state licenses and certification;
(11) Establish the administrative procedures for processing applications for state licenses and certification;
(12) Maintain a registry of the names and addresses of people licensed or certified under this chapter;
(13) Retain records and all application materials submitted to it;
(14) Collect from the individuals who perform or seek to perform appraisals in federally related transactions an annual registry fee in an amount designated by the federal appraisal subcommittee, the fees to be transmitted to the subcommittee annually;
(15) Audit from time to time the experience of license and certificate holders for compliance with standards of practice; and
(16) Perform other functions and duties that may be necessary in carrying out this chapter.
Acts 1990, ch. 865, § 8; 1991, ch. 366, § 10; 1995, ch. 222, § 2.
Tenn. Code Ann. § 62-32-208 — TN Code / Title 62 / Chapter 32 / Section 62-32-208
Violations - Nonissuance, nonrenewal, suspension or revocation of certificates, licenses or permits
Status: in_force

The commissioner may refuse to issue, renew, suspend, or revoke a certificate of registration, license, or permit, if the commissioner finds that the applicant, registrant, licensee, or permit holder has violated this part or any rule lawfully promulgated under this part. Amended by 2015 Tenn. Acts, ch. 381,s 3, eff. 5/8/2015. Acts 1986, ch. 721, § 9.
The commissioner may refuse to issue, renew, suspend, or revoke a certificate of registration, license, or permit, if the commissioner finds that the applicant, registrant, licensee, or permit holder has violated this part or any rule lawfully promulgated under this part.
Amended by 2015 Tenn. Acts, ch. 381,s 3, eff. 5/8/2015.
Acts 1986, ch. 721, § 9.
Tenn. Code Ann. § 62-2-307 — TN Code / Title 62 / Chapter 2 / Section 62-2-307
Expiration and renewal of certificate - Certificates for retirees
Status: in_force

(a) Certificates of registration shall expire two (2) years following the date of their issuance or renewal and are invalid on that date unless renewed. (b) It is the duty of the board to notify every person registered under this chapter of the date of the expiration of that person's certificate and the amount of the fee required for its renewal for two (2) years. The notice shall be mailed at least one (1) month in advance of the date of the expiration of the certificate. (c) Renewal may be effected at any time during the thirty (30) days preceding the certificate expiration date by the payment of the fee determined by and payable to the board. (d) Certificates of registration shall be subject to late renewal for six (6) months following their expiration date by payment of the renewal fee plus a penalty as set by the board for each month or fraction of a month that elapses before payment is tendered. (e) Any person wishing to renew a certificate later than six (6) months after its expiration date shall reapply for certification. The board may, in its discretion, waive any further examination of the applicant and any further education and experience beyond that obtained at the time of the applicant's original registration in this state. (f) Notwithstanding any provision in this chapter to the contrary, the board has the authority to establish, by rule and regulation, procedures and criteria pursuant to which persons who are retired may continue to use the titles of "architect," "engineer," "landscape architect" or "registered interior designer" without the payment of a registration renewal fee. Acts 1979, ch. 263, § 27; 1981, ch. 349, § 2; T.C.A., § 62-227; Acts 1989, ch. 523, §§ 106, 107; 1995, ch. 171, § 1; 1997, ch. 33, § 14; 1997, ch. 127, § 1.
(a) Certificates of registration shall expire two (2) years following the date of their issuance or renewal and are invalid on that date unless renewed.
(b) It is the duty of the board to notify every person registered under this chapter of the date of the expiration of that person's certificate and the amount of the fee required for its renewal for two (2) years. The notice shall be mailed at least one (1) month in advance of the date of the expiration of the certificate.
(c) Renewal may be effected at any time during the thirty (30) days preceding the certificate expiration date by the payment of the fee determined by and payable to the board.
(d) Certificates of registration shall be subject to late renewal for six (6) months following their expiration date by payment of the renewal fee plus a penalty as set by the board for each month or fraction of a month that elapses before payment is tendered.
(e) Any person wishing to renew a certificate later than six (6) months after its expiration date shall reapply for certification. The board may, in its discretion, waive any further examination of the applicant and any further education and experience beyond that obtained at the time of the applicant's original registration in this state.
(f) Notwithstanding any provision in this chapter to the contrary, the board has the authority to establish, by rule and regulation, procedures and criteria pursuant to which persons who are retired may continue to use the titles of "architect," "engineer," "landscape architect" or "registered interior designer" without the payment of a registration renewal fee.
Acts 1979, ch. 263, § 27; 1981, ch. 349, § 2; T.C.A., § 62-227; Acts 1989, ch. 523, §§ 106, 107; 1995, ch. 171, § 1; 1997, ch. 33, § 14; 1997, ch. 127, § 1.
Tenn. Code Ann. § 62-2-102 — TN Code / Title 62 / Chapter 2 / Section 62-2-102
Practice and persons exempt from registration
Status: in_force

(a) Except as provided in subsections (b) and (d), nothing in this section shall be construed as requiring registration for the purpose of practicing architecture, engineering or landscape architecture by a person; provided, that the person does not use the appellation "architect," "engineer" or "landscape architect," an appellation that compounds, modifies or qualifies the word "architecture," "engineering" or "landscape architecture," or that gives or is designed to give the impression that the person using those words is an architect, engineer or landscape architect. (b) It is unlawful for any person other than a registered architect or engineer to prepare plans and specifications for any building or structure other than the following: (1) Structures classified as business, factory-industrial, hazardous, mercantile, residential and storage occupancies, as those occupancies are defined in the International Building Code currently adopted by the state fire marshal, that are: (A) Less than three (3) stories in height; and (B) Less than five thousand square feet (5,000 sq. ft.) in total gross area; (2) One-family and two-family dwellings and domestic outbuildings appurtenant to those dwellings; (3) Farm buildings not designed or intended for human occupancy; or (4) (A) Signs that do not exceed either of the following limits: (i) Any portion of the sign is twenty feet (20') or more above the ground level; or (ii) Any portion of the sign is fifteen feet (15') or more above the ground level, if the sign has more than one hundred twenty square feet (120 sq. ft.) in total sign face area; (B) Subdivision (b)(4)(A) shall not apply if, in the opinion of the local government building official, failure of the support system for the sign is likely to cause harm to people or property. (c) Nothing in this section shall prevent any awarding authority, public or private, from requiring the services of a registered architect, engineer or landscape architect for any project. (d) Any person, firm, company, business, corporation or other entity that was organized and doing business other than business regulated in this chapter that was organized and doing business prior to January 1, 1967, and whose corporate name includes the appellation "engineer" or an appellation that compounds, modifies or qualifies the word "engineering," may continue to use that corporate name and shall not be required to register pursuant to this chapter. This section shall not be construed to authorize those entities to engage in the practice of architecture, engineering or landscape architecture without registering pursuant to this chapter. Amended by 2022 Tenn. Acts, ch. 904, s 1, eff. 7/1/2022. Acts 1979, ch. 263, § 29; T.C.A., § 62-229; Acts 1983, ch. 47, § 1; 1988, ch. 990, § 2; 1989, ch. 307, § 1; 1993, ch. 132, § 1; 2009 , ch. 268, § 1.
(a) Except as provided in subsections (b) and (d), nothing in this section shall be construed as requiring registration for the purpose of practicing architecture, engineering or landscape architecture by a person; provided, that the person does not use the appellation "architect," "engineer" or "landscape architect," an appellation that compounds, modifies or qualifies the word "architecture," "engineering" or "landscape architecture," or that gives or is designed to give the impression that the person using those words is an architect, engineer or landscape architect.
(b) It is unlawful for any person other than a registered architect or engineer to prepare plans and specifications for any building or structure other than the following: (1) Structures classified as business, factory-industrial, hazardous, mercantile, residential and storage occupancies, as those occupancies are defined in the International Building Code currently adopted by the state fire marshal, that are: (A) Less than three (3) stories in height; and (B) Less than five thousand square feet (5,000 sq. ft.) in total gross area; (2) One-family and two-family dwellings and domestic outbuildings appurtenant to those dwellings; (3) Farm buildings not designed or intended for human occupancy; or (4) (A) Signs that do not exceed either of the following limits: (i) Any portion of the sign is twenty feet (20') or more above the ground level; or (ii) Any portion of the sign is fifteen feet (15') or more above the ground level, if the sign has more than one hundred twenty square feet (120 sq. ft.) in total sign face area; (B) Subdivision (b)(4)(A) shall not apply if, in the opinion of the local government building official, failure of the support system for the sign is likely to cause harm to people or property.
(1) Structures classified as business, factory-industrial, hazardous, mercantile, residential and storage occupancies, as those occupancies are defined in the International Building Code currently adopted by the state fire marshal, that are: (A) Less than three (3) stories in height; and (B) Less than five thousand square feet (5,000 sq. ft.) in total gross area;
(A) Less than three (3) stories in height; and
(B) Less than five thousand square feet (5,000 sq. ft.) in total gross area;
(2) One-family and two-family dwellings and domestic outbuildings appurtenant to those dwellings;
(3) Farm buildings not designed or intended for human occupancy; or
(4) (A) Signs that do not exceed either of the following limits: (i) Any portion of the sign is twenty feet (20') or more above the ground level; or (ii) Any portion of the sign is fifteen feet (15') or more above the ground level, if the sign has more than one hundred twenty square feet (120 sq. ft.) in total sign face area; (B) Subdivision (b)(4)(A) shall not apply if, in the opinion of the local government building official, failure of the support system for the sign is likely to cause harm to people or property.
(A) Signs that do not exceed either of the following limits: (i) Any portion of the sign is twenty feet (20') or more above the ground level; or (ii) Any portion of the sign is fifteen feet (15') or more above the ground level, if the sign has more than one hundred twenty square feet (120 sq. ft.) in total sign face area;
(i) Any portion of the sign is twenty feet (20') or more above the ground level; or
(ii) Any portion of the sign is fifteen feet (15') or more above the ground level, if the sign has more than one hundred twenty square feet (120 sq. ft.) in total sign face area;
(B) Subdivision (b)(4)(A) shall not apply if, in the opinion of the local government building official, failure of the support system for the sign is likely to cause harm to people or property.
(c) Nothing in this section shall prevent any awarding authority, public or private, from requiring the services of a registered architect, engineer or landscape architect for any project.
(d) Any person, firm, company, business, corporation or other entity that was organized and doing business other than business regulated in this chapter that was organized and doing business prior to January 1, 1967, and whose corporate name includes the appellation "engineer" or an appellation that compounds, modifies or qualifies the word "engineering," may continue to use that corporate name and shall not be required to register pursuant to this chapter. This section shall not be construed to authorize those entities to engage in the practice of architecture, engineering or landscape architecture without registering pursuant to this chapter.
Amended by 2022 Tenn. Acts, ch. 904, s 1, eff. 7/1/2022.
Acts 1979, ch. 263, § 29; T.C.A., § 62-229; Acts 1983, ch. 47, § 1; 1988, ch. 990, § 2; 1989, ch. 307, § 1; 1993, ch. 132, § 1; 2009 , ch. 268, § 1.
Tenn. Code Ann. § 62-19-116 — TN Code / Title 62 / Chapter 19 / Section 62-19-116
Auctioneer education and recovery account
Status: in_force

(a) There is established within the general fund an auctioneer 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 one hundred fifty thousand dollars ($150,000) 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) No new auctioneer or affiliate auctioneer license shall be issued unless the applicant pays, in addition to the license fee, a fee of fifty dollars ($50.00) or a lesser amount that the commission may by rule establish for deposit into the account. (2) No renewal auctioneer or affiliate auctioneer license shall be issued unless the applicant pays, in addition to the renewal fee, a fee of fifty dollars ($50.00) or a lesser amount that the commission may by rule establish for the purpose of ensuring that the required minimum balance is maintained in the account. (d) Any person may, by order of any court of competent jurisdiction, 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 licensee on or after June 30, 1987; provided, that: (1) The liability of the account shall not exceed ten thousand dollars ($10,000) per transaction, regardless of the number of persons aggrieved; (2) The liability of the account for the acts of a licensee, when acting as such, 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 twenty thousand dollars ($20,000) on behalf of the licensee; (3) A licensee acting as such shall have no claim against the account; and (4) A bonding company not involved in an auction shall have no claim against the account. (e) When any aggrieved person commences an action for a judgment that may result in collection from the account, the person shall promptly notify the commission to this effect in writing by certified mail, return receipt requested. 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) When any aggrieved person obtains a valid judgment respecting which recourse against the account is permitted under this section and all or any part of the judgment is unpaid sixty (60) days after the date of the judgment, the person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, apply to the court in which the judgment was entered for an order directing payment from the account of the amount unpaid upon the judgment. Upon determination of the court that the judgment or any part of the judgment is unpaid, the court shall enter an order directing the commission to make payment from the account to satisfy the judgment. (g) If the commission, pursuant to a court order, pays any amount from the account on behalf of a licensed auctioneer or affiliate auctioneer, the commission may, in its discretion, suspend or revoke the license of the auctioneer or affiliate auctioneer. No auctioneer or affiliate auctioneer whose license is revoked under this subsection (g) shall be eligible to apply for a new license until the person has repaid in full the amount paid from the account on the person's behalf, plus interest at the effective earnings rate for the account for the period the claim is unpaid. (h) When, upon the order of the court, the commission has paid from the account any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor in the judgment. Any amount recovered by the commission on the judgment shall be deposited to the account. If the total amount collected on the judgment by the commission exceeds the amount paid from the account to the original judgment creditor, plus interest and the cost of collection, the commission may elect to pay the overage or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the account to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by the commission in attempting to collect judgments shall 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 claim 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 this section constitutes 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) (1) The commission may, in its discretion, utilize any return on investment of funds in the account and any balance in the account over one hundred fifty thousand dollars ($150,000) to: (A) Sponsor, conduct or assist in conducting, education, training or research designed to improve the competence, effectiveness or professionalism of licensees, the members of the commission or its staff; (B) Prepare and disseminate information for the benefit of licensees and the general public; and (C) Employ an investigator to assist the commission. The investigator shall carry an identification badge issued by the department of commerce and insurance and has the authority to make investigations concerning the enforcement of the laws, rules and policies promulgated under this chapter. The investigator shall have the authority to stop any auction activity that is being promoted, managed or supervised by unlicensed individuals in violation of this chapter. (2) The commission shall not expend or commit sums pursuant to subdivision ( l )(1) in an amount that would reduce the account to a balance of less than one hundred fifty thousand dollars ($150,000). (m) No state funds shall be expended to effectuate this section other than the fees and charges set forth in this section. Amended by 2019 Tenn. Acts, ch. 471, s 16, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 471, s 15, eff. 7/1/2019. Acts 1967, ch. 335, § 17; 1976, ch. 824, § 7; 1978, ch. 569, §§ 6, 7; T.C.A., § 62-1917; Acts 1983, ch. 250, § 14; 1987, ch. 62, §2; 1997 , ch. 62, §§ 1, 2; 1999, ch. 358, § 8.
(a) There is established within the general fund an auctioneer 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 one hundred fifty thousand dollars ($150,000) 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) No new auctioneer or affiliate auctioneer license shall be issued unless the applicant pays, in addition to the license fee, a fee of fifty dollars ($50.00) or a lesser amount that the commission may by rule establish for deposit into the account. (2) No renewal auctioneer or affiliate auctioneer license shall be issued unless the applicant pays, in addition to the renewal fee, a fee of fifty dollars ($50.00) or a lesser amount that the commission may by rule establish for the purpose of ensuring that the required minimum balance is maintained in the account.
(1) No new auctioneer or affiliate auctioneer license shall be issued unless the applicant pays, in addition to the license fee, a fee of fifty dollars ($50.00) or a lesser amount that the commission may by rule establish for deposit into the account.
(2) No renewal auctioneer or affiliate auctioneer license shall be issued unless the applicant pays, in addition to the renewal fee, a fee of fifty dollars ($50.00) or a lesser amount that the commission may by rule establish for the purpose of ensuring that the required minimum balance is maintained in the account.
(d) Any person may, by order of any court of competent jurisdiction, 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 licensee on or after June 30, 1987; provided, that: (1) The liability of the account shall not exceed ten thousand dollars ($10,000) per transaction, regardless of the number of persons aggrieved; (2) The liability of the account for the acts of a licensee, when acting as such, 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 twenty thousand dollars ($20,000) on behalf of the licensee; (3) A licensee acting as such shall have no claim against the account; and (4) A bonding company not involved in an auction shall have no claim against the account.
(1) The liability of the account shall not exceed ten thousand dollars ($10,000) per transaction, regardless of the number of persons aggrieved;
(2) The liability of the account for the acts of a licensee, when acting as such, 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 twenty thousand dollars ($20,000) on behalf of the licensee;
(3) A licensee acting as such shall have no claim against the account; and
(4) A bonding company not involved in an auction shall have no claim against the account.
(e) When any aggrieved person commences an action for a judgment that may result in collection from the account, the person shall promptly notify the commission to this effect in writing by certified mail, return receipt requested. 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) When any aggrieved person obtains a valid judgment respecting which recourse against the account is permitted under this section and all or any part of the judgment is unpaid sixty (60) days after the date of the judgment, the person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, apply to the court in which the judgment was entered for an order directing payment from the account of the amount unpaid upon the judgment. Upon determination of the court that the judgment or any part of the judgment is unpaid, the court shall enter an order directing the commission to make payment from the account to satisfy the judgment.
(g) If the commission, pursuant to a court order, pays any amount from the account on behalf of a licensed auctioneer or affiliate auctioneer, the commission may, in its discretion, suspend or revoke the license of the auctioneer or affiliate auctioneer. No auctioneer or affiliate auctioneer whose license is revoked under this subsection (g) shall be eligible to apply for a new license until the person has repaid in full the amount paid from the account on the person's behalf, plus interest at the effective earnings rate for the account for the period the claim is unpaid.
(h) When, upon the order of the court, the commission has paid from the account any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor in the judgment. Any amount recovered by the commission on the judgment shall be deposited to the account. If the total amount collected on the judgment by the commission exceeds the amount paid from the account to the original judgment creditor, plus interest and the cost of collection, the commission may elect to pay the overage or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the account to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by the commission in attempting to collect judgments shall 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 claim 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 this section constitutes 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) (1) The commission may, in its discretion, utilize any return on investment of funds in the account and any balance in the account over one hundred fifty thousand dollars ($150,000) to: (A) Sponsor, conduct or assist in conducting, education, training or research designed to improve the competence, effectiveness or professionalism of licensees, the members of the commission or its staff; (B) Prepare and disseminate information for the benefit of licensees and the general public; and (C) Employ an investigator to assist the commission. The investigator shall carry an identification badge issued by the department of commerce and insurance and has the authority to make investigations concerning the enforcement of the laws, rules and policies promulgated under this chapter. The investigator shall have the authority to stop any auction activity that is being promoted, managed or supervised by unlicensed individuals in violation of this chapter. (2) The commission shall not expend or commit sums pursuant to subdivision ( l )(1) in an amount that would reduce the account to a balance of less than one hundred fifty thousand dollars ($150,000).
(1) The commission may, in its discretion, utilize any return on investment of funds in the account and any balance in the account over one hundred fifty thousand dollars ($150,000) to: (A) Sponsor, conduct or assist in conducting, education, training or research designed to improve the competence, effectiveness or professionalism of licensees, the members of the commission or its staff; (B) Prepare and disseminate information for the benefit of licensees and the general public; and (C) Employ an investigator to assist the commission. The investigator shall carry an identification badge issued by the department of commerce and insurance and has the authority to make investigations concerning the enforcement of the laws, rules and policies promulgated under this chapter. The investigator shall have the authority to stop any auction activity that is being promoted, managed or supervised by unlicensed individuals in violation of this chapter.
(A) Sponsor, conduct or assist in conducting, education, training or research designed to improve the competence, effectiveness or professionalism of licensees, the members of the commission or its staff;
(B) Prepare and disseminate information for the benefit of licensees and the general public; and
(C) Employ an investigator to assist the commission. The investigator shall carry an identification badge issued by the department of commerce and insurance and has the authority to make investigations concerning the enforcement of the laws, rules and policies promulgated under this chapter. The investigator shall have the authority to stop any auction activity that is being promoted, managed or supervised by unlicensed individuals in violation of this chapter.
(2) The commission shall not expend or commit sums pursuant to subdivision ( l )(1) in an amount that would reduce the account to a balance of less than one hundred fifty thousand dollars ($150,000).
(m) No state funds shall be expended to effectuate this section other than the fees and charges set forth in this section.
Amended by 2019 Tenn. Acts, ch. 471, s 16, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 471, s 15, eff. 7/1/2019.
Acts 1967, ch. 335, § 17; 1976, ch. 824, § 7; 1978, ch. 569, §§ 6, 7; T.C.A., § 62-1917; Acts 1983, ch. 250, § 14; 1987, ch. 62, §2; 1997 , ch. 62, §§ 1, 2; 1999, ch. 358, § 8.
Tenn. Code Ann. § 62-5-809 — TN Code / Title 62 / Chapter 5 / Section 62-5-809
Delay of resomation
Status: in_force

If a person who signs the death certificate; a district attorney general; any law enforcement officer; or an emergency medical or rescue worker, emergency medical technician, or paramedic who attended the person immediately prior to or after the person's death, signs a written statement requesting the delay of a resomation based upon a reasonable belief that the cause of death may have been due to other than accidental or natural causes, then the resomation of a dead human body must be delayed based upon that request. Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
If a person who signs the death certificate; a district attorney general; any law enforcement officer; or an emergency medical or rescue worker, emergency medical technician, or paramedic who attended the person immediately prior to or after the person's death, signs a written statement requesting the delay of a resomation based upon a reasonable belief that the cause of death may have been due to other than accidental or natural causes, then the resomation of a dead human body must be delayed based upon that request.
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
Tenn. Code Ann. § 62-5-801 — TN Code / Title 62 / Chapter 5 / Section 62-5-801
Part definitions
Status: in_force

As used in this part: (1) "Alkaline hydrolysis": (A) Means a water-based dissolution process using alkaline chemicals and heat, and may involve agitation or pressure, to reduce human remains to a liquid and to dry bone residue; and (B) Includes the disposal of the liquid and the processing and pulverization of dry bone residue; (2) "Alkaline hydrolysis chamber" means the enclosed space within which the alkaline hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human remains; (3) "Alkaline hydrolysis container" means a container: (A) In which human remains are transported to a funeral establishment and placed in an alkaline hydrolysis chamber for resomation; and (B) That meets substantially all of the following standards: (i) Able to be closed in order to provide a complete covering for the human remains; (ii) Resistant to leakage or spillage; (iii) Rigid enough for handling with ease; and (iv) Able to provide protection for the health, safety, and personal integrity of personnel working at an alkaline hydrolysis facility; (4) "Body parts": (A) Means limbs or other portions of the anatomy that are removed from a living person for medical purposes during biopsy, treatment, or surgery; and (B) Includes dead human bodies that have been donated to science for purposes of medical education or research and parts of the dead human body that were removed for those purposes; (5) "Casket" means a rigid container that is designed for the encasement of a dead human body and that is constructed of wood, metal, or another rigid material; is ornamented and lined with fabric; and may be combustible; (6) "Healthcare provider" means healthcare professionals, establishments, or facilities licensed, registered, certified, or permitted pursuant to title 63 or title 68 and regulated under the authority of either the department of health or an agency, board, council, or committee attached to the department of health; (7) "Political subdivision" means a city, town, municipality, county, or metropolitan government within this state; (8) "Processing" means the reduction of identifiable bone fragments after the completion of the alkaline hydrolysis process to unidentifiable bone fragments by manual means; (9) "Pulverization" means the reduction of identifiable bone fragments after the completion of the alkaline hydrolysis and processing to granulated particles by manual or mechanical means; (10) "Resomation" means the alkaline hydrolysis process; (11) "Temporary container" means a receptacle for resomated remains composed of cardboard, plastic, metal, or another material that can be closed in a manner that prevents the leakage or spillage of the resomated remains and the entrance of foreign material and that is of sufficient size to hold the resomated remains until the remains are placed in an urn or scattered; and (12) "Urn" means a receptacle designed to permanently encase resomated remains. Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
As used in this part:
(1) "Alkaline hydrolysis": (A) Means a water-based dissolution process using alkaline chemicals and heat, and may involve agitation or pressure, to reduce human remains to a liquid and to dry bone residue; and (B) Includes the disposal of the liquid and the processing and pulverization of dry bone residue;
(A) Means a water-based dissolution process using alkaline chemicals and heat, and may involve agitation or pressure, to reduce human remains to a liquid and to dry bone residue; and
(B) Includes the disposal of the liquid and the processing and pulverization of dry bone residue;
(2) "Alkaline hydrolysis chamber" means the enclosed space within which the alkaline hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human remains;
(3) "Alkaline hydrolysis container" means a container: (A) In which human remains are transported to a funeral establishment and placed in an alkaline hydrolysis chamber for resomation; and (B) That meets substantially all of the following standards: (i) Able to be closed in order to provide a complete covering for the human remains; (ii) Resistant to leakage or spillage; (iii) Rigid enough for handling with ease; and (iv) Able to provide protection for the health, safety, and personal integrity of personnel working at an alkaline hydrolysis facility;
(A) In which human remains are transported to a funeral establishment and placed in an alkaline hydrolysis chamber for resomation; and
(B) That meets substantially all of the following standards: (i) Able to be closed in order to provide a complete covering for the human remains; (ii) Resistant to leakage or spillage; (iii) Rigid enough for handling with ease; and (iv) Able to provide protection for the health, safety, and personal integrity of personnel working at an alkaline hydrolysis facility;
(i) Able to be closed in order to provide a complete covering for the human remains;
(ii) Resistant to leakage or spillage;
(iii) Rigid enough for handling with ease; and
(iv) Able to provide protection for the health, safety, and personal integrity of personnel working at an alkaline hydrolysis facility;
(4) "Body parts": (A) Means limbs or other portions of the anatomy that are removed from a living person for medical purposes during biopsy, treatment, or surgery; and (B) Includes dead human bodies that have been donated to science for purposes of medical education or research and parts of the dead human body that were removed for those purposes;
(A) Means limbs or other portions of the anatomy that are removed from a living person for medical purposes during biopsy, treatment, or surgery; and
(B) Includes dead human bodies that have been donated to science for purposes of medical education or research and parts of the dead human body that were removed for those purposes;
(5) "Casket" means a rigid container that is designed for the encasement of a dead human body and that is constructed of wood, metal, or another rigid material; is ornamented and lined with fabric; and may be combustible;
(6) "Healthcare provider" means healthcare professionals, establishments, or facilities licensed, registered, certified, or permitted pursuant to title 63 or title 68 and regulated under the authority of either the department of health or an agency, board, council, or committee attached to the department of health;
(7) "Political subdivision" means a city, town, municipality, county, or metropolitan government within this state;
(8) "Processing" means the reduction of identifiable bone fragments after the completion of the alkaline hydrolysis process to unidentifiable bone fragments by manual means;
(9) "Pulverization" means the reduction of identifiable bone fragments after the completion of the alkaline hydrolysis and processing to granulated particles by manual or mechanical means;
(10) "Resomation" means the alkaline hydrolysis process;
(11) "Temporary container" means a receptacle for resomated remains composed of cardboard, plastic, metal, or another material that can be closed in a manner that prevents the leakage or spillage of the resomated remains and the entrance of foreign material and that is of sufficient size to hold the resomated remains until the remains are placed in an urn or scattered; and
(12) "Urn" means a receptacle designed to permanently encase resomated remains.
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
Tenn. Code Ann. § 62-39-201 — TN Code / Title 62 / Chapter 39 / Section 62-39-201
Creation - Composition
Status: in_force

(a) (1) There is created an independent real estate appraiser commission under the division of regulatory boards in the department of commerce and insurance, whose duty shall be to administer and enforce this chapter. (2) The commission shall consist of nine (9) members, one (1) of whom shall be a public member, one (1) of whom shall be a full-time educator of appraisal-related education with the state's universities, colleges and junior colleges, and one (1) of whom shall be from an appraisal management company or financial institution providing appraisal services in Tennessee. (3) Six (6) of the members shall be real estate appraisers. (4) No more than three (3) commission members may be from any one (1) grand division of the state. (b) The governor shall appoint the members of the real estate appraiser commission. In making appointments to the commission, the governor shall strive to ensure that at least two (2) persons serving on the commission are sixty (60) years of age or older and that at least two (2) persons serving on the commission are members of a racial minority. The governor shall strive to appoint to the commission no more than two (2) members of any one (1) appraiser organization. (c) Each of the real estate appraiser members first appointed to the commission shall possess a minimum of ten (10) years of active experience as a real estate appraiser. (d) Each real estate appraiser member of the commission appointed must be a state certified real estate appraiser or a state licensed real estate appraiser. The governor, in making appointments, shall strive to achieve a balance between certified general, certified residential and licensed appraisers. (e) The governor shall make initial appointments of three (3) members for terms of one (1) year, three (3) members for terms of two (2) years, and three (3) members for terms of three (3) years. Thereafter, all members shall be appointed for terms of three (3) years. (f) Upon expiration of their terms, members of the commission shall continue to hold office until the appointment and qualification of their successors. No person shall serve as a member of the commission for more than two (2) consecutive terms. The governor may remove a member for cause. (g) The public members of the commission shall not be engaged in the practice of real estate appraising. Acts 1990, ch. 865, § 7; 1991, ch. 366, §§ 7-9; 1992, ch. 697, § 1; 2006, ch. 598, § 1; 2010 , ch. 963, § 28.
(a) (1) There is created an independent real estate appraiser commission under the division of regulatory boards in the department of commerce and insurance, whose duty shall be to administer and enforce this chapter. (2) The commission shall consist of nine (9) members, one (1) of whom shall be a public member, one (1) of whom shall be a full-time educator of appraisal-related education with the state's universities, colleges and junior colleges, and one (1) of whom shall be from an appraisal management company or financial institution providing appraisal services in Tennessee. (3) Six (6) of the members shall be real estate appraisers. (4) No more than three (3) commission members may be from any one (1) grand division of the state.
(1) There is created an independent real estate appraiser commission under the division of regulatory boards in the department of commerce and insurance, whose duty shall be to administer and enforce this chapter.
(2) The commission shall consist of nine (9) members, one (1) of whom shall be a public member, one (1) of whom shall be a full-time educator of appraisal-related education with the state's universities, colleges and junior colleges, and one (1) of whom shall be from an appraisal management company or financial institution providing appraisal services in Tennessee.
(3) Six (6) of the members shall be real estate appraisers.
(4) No more than three (3) commission members may be from any one (1) grand division of the state.
(b) The governor shall appoint the members of the real estate appraiser commission. In making appointments to the commission, the governor shall strive to ensure that at least two (2) persons serving on the commission are sixty (60) years of age or older and that at least two (2) persons serving on the commission are members of a racial minority. The governor shall strive to appoint to the commission no more than two (2) members of any one (1) appraiser organization.
(c) Each of the real estate appraiser members first appointed to the commission shall possess a minimum of ten (10) years of active experience as a real estate appraiser.
(d) Each real estate appraiser member of the commission appointed must be a state certified real estate appraiser or a state licensed real estate appraiser. The governor, in making appointments, shall strive to achieve a balance between certified general, certified residential and licensed appraisers.
(e) The governor shall make initial appointments of three (3) members for terms of one (1) year, three (3) members for terms of two (2) years, and three (3) members for terms of three (3) years. Thereafter, all members shall be appointed for terms of three (3) years.
(f) Upon expiration of their terms, members of the commission shall continue to hold office until the appointment and qualification of their successors. No person shall serve as a member of the commission for more than two (2) consecutive terms. The governor may remove a member for cause.
(g) The public members of the commission shall not be engaged in the practice of real estate appraising.
Acts 1990, ch. 865, § 7; 1991, ch. 366, §§ 7-9; 1992, ch. 697, § 1; 2006, ch. 598, § 1; 2010 , ch. 963, § 28.
Tenn. Code Ann. § 62-39-415 — TN Code / Title 62 / Chapter 39 / Section 62-39-415
Biennial certification of system and process of verification of licensure of individual to whom appraisal management company is making assignments
Status: in_force

Each appraisal management company seeking to be registered shall certify to the commission on a biennial basis on a form prescribed by the commission that the appraisal management company has a system in place to verify that an individual to whom the appraisal management company is making assignments for the completion of appraisals has not had a license or certification as an appraiser refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation on a regular basis. Amended by 2013 Tenn. Acts, ch. 180, s 12, eff. 4/23/2013. Acts 2010 , ch. 963, § 16.
Each appraisal management company seeking to be registered shall certify to the commission on a biennial basis on a form prescribed by the commission that the appraisal management company has a system in place to verify that an individual to whom the appraisal management company is making assignments for the completion of appraisals has not had a license or certification as an appraiser refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation on a regular basis.
Amended by 2013 Tenn. Acts, ch. 180, s 12, eff. 4/23/2013.
Acts 2010 , ch. 963, § 16.
Tenn. Code Ann. § 62-18-219 — TN Code / Title 62 / Chapter 18 / Section 62-18-219
Violations - Disciplinary actions - Penalties
Status: in_force

(a) A violation of this part is a Class B misdemeanor. (b) In addition to, or in lieu of, any other lawful disciplinary action under this part, the commissioner may assess a civil penalty not exceeding one thousand dollars ($1,000) per violation. All penalties owed under this part shall be paid to the commissioner for deposit into the treasury of the state of Tennessee and shall accrue to the state and may be recovered in a civil action in the name of the state in any court of record in the county where the violation is alleged to have occurred. (c) Any civil penalty shall be assessed in the following manner: (1) A notice of such assessment shall be sent to the person receiving it by certified mail, return receipt requested; (2) Any person against whom an assessment has been issued may petition the commissioner for a review of the assessment; (3) The petition for review shall be in writing, and shall be filed no later than thirty (30) days after the notice of assessment is received; (4) If a petition for review of the assessment is not filed within thirty (30) days after the date the notice is received, then the violator shall be deemed to have consented to the assessment and it shall become final; and (5) If a petition for review of the assessment is filed as provided by this section, then the proceedings on such appeal shall be conducted in accordance with the provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, with respect to the conduct of contested cases. Acts 2010, ch. 1032, § 20.
(a) A violation of this part is a Class B misdemeanor.
(b) In addition to, or in lieu of, any other lawful disciplinary action under this part, the commissioner may assess a civil penalty not exceeding one thousand dollars ($1,000) per violation. All penalties owed under this part shall be paid to the commissioner for deposit into the treasury of the state of Tennessee and shall accrue to the state and may be recovered in a civil action in the name of the state in any court of record in the county where the violation is alleged to have occurred.
(c) Any civil penalty shall be assessed in the following manner: (1) A notice of such assessment shall be sent to the person receiving it by certified mail, return receipt requested; (2) Any person against whom an assessment has been issued may petition the commissioner for a review of the assessment; (3) The petition for review shall be in writing, and shall be filed no later than thirty (30) days after the notice of assessment is received; (4) If a petition for review of the assessment is not filed within thirty (30) days after the date the notice is received, then the violator shall be deemed to have consented to the assessment and it shall become final; and (5) If a petition for review of the assessment is filed as provided by this section, then the proceedings on such appeal shall be conducted in accordance with the provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, with respect to the conduct of contested cases.
(1) A notice of such assessment shall be sent to the person receiving it by certified mail, return receipt requested;
(2) Any person against whom an assessment has been issued may petition the commissioner for a review of the assessment;
(3) The petition for review shall be in writing, and shall be filed no later than thirty (30) days after the notice of assessment is received;
(4) If a petition for review of the assessment is not filed within thirty (30) days after the date the notice is received, then the violator shall be deemed to have consented to the assessment and it shall become final; and
(5) If a petition for review of the assessment is filed as provided by this section, then the proceedings on such appeal shall be conducted in accordance with the provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, with respect to the conduct of contested cases.
Acts 2010, ch. 1032, § 20.
Tenn. Code Ann. § 62-13-504 — TN Code / Title 62 / Chapter 13 / Section 62-13-504
Attorney fees and court costs
Status: in_force

The prevailing party in any litigation seeking to enforce the cause of action granted in § 62-13-502 or in seeking to recover damages or other relief for the wrongful refusal or failure to release the notice as required by § 62-13-503(f) shall be entitled to recover attorney fees and court costs incurred by reason of the litigation from the nonprevailing party. Acts 1997 , ch. 389, § 1.
The prevailing party in any litigation seeking to enforce the cause of action granted in § 62-13-502 or in seeking to recover damages or other relief for the wrongful refusal or failure to release the notice as required by § 62-13-503(f) shall be entitled to recover attorney fees and court costs incurred by reason of the litigation from the nonprevailing party.
Acts 1997 , ch. 389, § 1.
Tenn. Code Ann. § 62-6-404 — TN Code / Title 62 / Chapter 6 / Section 62-6-404
Licensure
Status: in_force

(a) Except as provided in subsection (b): (1) Any person engaged in plumbing work in this state shall be required to submit evidence of qualification to engage in plumbing and shall be licensed as provided in this part; (2) It is unlawful for any person to engage in or offer to engage in plumbing work in this state unless the person has been duly licensed under this part or licensed in a municipality or county that issues licenses to persons to perform plumbing work only in that municipality or county; and (3) Any person engaged in plumbing work, including a person who engages in plumbing work on residential construction on private property for the purpose of resale, lease, rent or any other similar purpose, shall be required to submit evidence of qualification to engage in plumbing work and shall be licensed. (b) (1) A person who does not have a license is authorized to engage in plumbing work only if employed by a licensed plumber, a licensed plumbing contractor or any other entity approved by the board. (2) Any single residence homeowner is exempt from the limited licensed plumbing requirements of this part for purposes of performing plumbing work on the homeowner's own residence. (3) Any person who holds a license issued by the commissioner of commerce and insurance as either a manufactured home installer or a manufactured home retailer pursuant to § 68-126-404 does not have to obtain a separate license as a limited licensed plumber in order to perform plumbing work on a manufactured home as defined in § 68-126-202 ; provided, that the work is related to the set-up, as defined by § 68-126-402 , of a manufactured home or performed in connection with a manufacturer's warranty covering a manufactured home. (4) Any person who holds a license issued by the commissioner of commerce and insurance as a manufactured home manufacturer pursuant to § 68-126-206 does not have to obtain a separate license as a limited licensed plumber in order to perform plumbing work on a manufactured home as defined in § 68-126-202 ; provided, that the work is related to the construction of a manufactured home or performed in connection with a manufacturer's warranty covering a manufactured home. (5) Any person who holds a license issued by the commissioner of commerce and insurance to manufacture or install modular building units pursuant to § 68-126-305 does not have to obtain a separate license as a limited licensed plumber to perform plumbing work on a modular building unit as defined in § 68-126-303 ; provided, that the work is related to the construction or installation of a modular building unit or performed in connection with a manufacturer's warranty covering a modular building unit. (6) No person is required to obtain a license issued pursuant to this part to do general maintenance work within a residence. (7) A dealer, as defined by and licensed pursuant to title 68, chapter 135, part 1, and its authorized officers and employees do not have to obtain a license as a limited licensed plumber to perform plumbing work related to the provision of liquefied petroleum gas to or within any residential or commercial building. (8) An operator, as defined by 49 CFR 192.3 , and its authorized officers and employees do not have to obtain a license as a limited licensed plumber to perform plumbing work related to the provision of natural or commingled gas or its applications to or within any residential, industrial or commercial building. Acts 2004, ch. 826, § 5; 2006, ch. 570, § 1; 2007 , ch. 54, § 2; 2007 , ch. 136, § 1.
(a) Except as provided in subsection (b): (1) Any person engaged in plumbing work in this state shall be required to submit evidence of qualification to engage in plumbing and shall be licensed as provided in this part; (2) It is unlawful for any person to engage in or offer to engage in plumbing work in this state unless the person has been duly licensed under this part or licensed in a municipality or county that issues licenses to persons to perform plumbing work only in that municipality or county; and (3) Any person engaged in plumbing work, including a person who engages in plumbing work on residential construction on private property for the purpose of resale, lease, rent or any other similar purpose, shall be required to submit evidence of qualification to engage in plumbing work and shall be licensed.
(1) Any person engaged in plumbing work in this state shall be required to submit evidence of qualification to engage in plumbing and shall be licensed as provided in this part;
(2) It is unlawful for any person to engage in or offer to engage in plumbing work in this state unless the person has been duly licensed under this part or licensed in a municipality or county that issues licenses to persons to perform plumbing work only in that municipality or county; and
(3) Any person engaged in plumbing work, including a person who engages in plumbing work on residential construction on private property for the purpose of resale, lease, rent or any other similar purpose, shall be required to submit evidence of qualification to engage in plumbing work and shall be licensed.
(b) (1) A person who does not have a license is authorized to engage in plumbing work only if employed by a licensed plumber, a licensed plumbing contractor or any other entity approved by the board. (2) Any single residence homeowner is exempt from the limited licensed plumbing requirements of this part for purposes of performing plumbing work on the homeowner's own residence. (3) Any person who holds a license issued by the commissioner of commerce and insurance as either a manufactured home installer or a manufactured home retailer pursuant to § 68-126-404 does not have to obtain a separate license as a limited licensed plumber in order to perform plumbing work on a manufactured home as defined in § 68-126-202 ; provided, that the work is related to the set-up, as defined by § 68-126-402 , of a manufactured home or performed in connection with a manufacturer's warranty covering a manufactured home. (4) Any person who holds a license issued by the commissioner of commerce and insurance as a manufactured home manufacturer pursuant to § 68-126-206 does not have to obtain a separate license as a limited licensed plumber in order to perform plumbing work on a manufactured home as defined in § 68-126-202 ; provided, that the work is related to the construction of a manufactured home or performed in connection with a manufacturer's warranty covering a manufactured home. (5) Any person who holds a license issued by the commissioner of commerce and insurance to manufacture or install modular building units pursuant to § 68-126-305 does not have to obtain a separate license as a limited licensed plumber to perform plumbing work on a modular building unit as defined in § 68-126-303 ; provided, that the work is related to the construction or installation of a modular building unit or performed in connection with a manufacturer's warranty covering a modular building unit. (6) No person is required to obtain a license issued pursuant to this part to do general maintenance work within a residence. (7) A dealer, as defined by and licensed pursuant to title 68, chapter 135, part 1, and its authorized officers and employees do not have to obtain a license as a limited licensed plumber to perform plumbing work related to the provision of liquefied petroleum gas to or within any residential or commercial building. (8) An operator, as defined by 49 CFR 192.3 , and its authorized officers and employees do not have to obtain a license as a limited licensed plumber to perform plumbing work related to the provision of natural or commingled gas or its applications to or within any residential, industrial or commercial building.
(1) A person who does not have a license is authorized to engage in plumbing work only if employed by a licensed plumber, a licensed plumbing contractor or any other entity approved by the board.
(2) Any single residence homeowner is exempt from the limited licensed plumbing requirements of this part for purposes of performing plumbing work on the homeowner's own residence.
(3) Any person who holds a license issued by the commissioner of commerce and insurance as either a manufactured home installer or a manufactured home retailer pursuant to § 68-126-404 does not have to obtain a separate license as a limited licensed plumber in order to perform plumbing work on a manufactured home as defined in § 68-126-202 ; provided, that the work is related to the set-up, as defined by § 68-126-402 , of a manufactured home or performed in connection with a manufacturer's warranty covering a manufactured home.
(4) Any person who holds a license issued by the commissioner of commerce and insurance as a manufactured home manufacturer pursuant to § 68-126-206 does not have to obtain a separate license as a limited licensed plumber in order to perform plumbing work on a manufactured home as defined in § 68-126-202 ; provided, that the work is related to the construction of a manufactured home or performed in connection with a manufacturer's warranty covering a manufactured home.
(5) Any person who holds a license issued by the commissioner of commerce and insurance to manufacture or install modular building units pursuant to § 68-126-305 does not have to obtain a separate license as a limited licensed plumber to perform plumbing work on a modular building unit as defined in § 68-126-303 ; provided, that the work is related to the construction or installation of a modular building unit or performed in connection with a manufacturer's warranty covering a modular building unit.
(6) No person is required to obtain a license issued pursuant to this part to do general maintenance work within a residence.
(7) A dealer, as defined by and licensed pursuant to title 68, chapter 135, part 1, and its authorized officers and employees do not have to obtain a license as a limited licensed plumber to perform plumbing work related to the provision of liquefied petroleum gas to or within any residential or commercial building.
(8) An operator, as defined by 49 CFR 192.3 , and its authorized officers and employees do not have to obtain a license as a limited licensed plumber to perform plumbing work related to the provision of natural or commingled gas or its applications to or within any residential, industrial or commercial building.
Acts 2004, ch. 826, § 5; 2006, ch. 570, § 1; 2007 , ch. 54, § 2; 2007 , ch. 136, § 1.
Tenn. Code Ann. § 62-7-101 — TN Code / Title 62 / Chapter 7 / Section 62-7-101
Rates to be posted
Status: in_force

(a) The person in charge of and conducting any hotel shall post in a conspicuous place in each room of the hotel a card or sign plainly stating the price per day of each room and, in case the hotel is conducted on the American plan, the rate charged for meals. The cards or signs shall be dated as of the day on which they are posted. (b) (1) This subsection (b) applies to hotels, motels and other places of public accommodations as defined by § 62-7-107 and referred to in this subsection (b) as "hotels." (2) No person shall display or cause to be displayed any sign on the premises that includes, in dollars and cents, a statement of the rates charged at a hotel, unless twenty-five percent (25%) of all rooms in that facility are available at the quoted or advertised rate at all times the sign is posted. (c) A violation of this section is a Class C misdemeanor. Acts 1921, ch. 100, § 1; Shan. Supp., § 3052a36b1; mod. Code 1932, §5301; impl. am. Acts 1937, ch. 254, § 4; Acts 1977, ch. 478, §1; T.C.A. (orig. ed.), §62-701; Acts 1985, ch. 171, § 3; 1989, ch. 591, § 113.
(a) The person in charge of and conducting any hotel shall post in a conspicuous place in each room of the hotel a card or sign plainly stating the price per day of each room and, in case the hotel is conducted on the American plan, the rate charged for meals. The cards or signs shall be dated as of the day on which they are posted.
(b) (1) This subsection (b) applies to hotels, motels and other places of public accommodations as defined by § 62-7-107 and referred to in this subsection (b) as "hotels." (2) No person shall display or cause to be displayed any sign on the premises that includes, in dollars and cents, a statement of the rates charged at a hotel, unless twenty-five percent (25%) of all rooms in that facility are available at the quoted or advertised rate at all times the sign is posted.
(1) This subsection (b) applies to hotels, motels and other places of public accommodations as defined by § 62-7-107 and referred to in this subsection (b) as "hotels."
(2) No person shall display or cause to be displayed any sign on the premises that includes, in dollars and cents, a statement of the rates charged at a hotel, unless twenty-five percent (25%) of all rooms in that facility are available at the quoted or advertised rate at all times the sign is posted.
(c) A violation of this section is a Class C misdemeanor.
Acts 1921, ch. 100, § 1; Shan. Supp., § 3052a36b1; mod. Code 1932, §5301; impl. am. Acts 1937, ch. 254, § 4; Acts 1977, ch. 478, §1; T.C.A. (orig. ed.), §62-701; Acts 1985, ch. 171, § 3; 1989, ch. 591, § 113.
Tenn. Code Ann. § 62-39-330 — TN Code / Title 62 / Chapter 39 / Section 62-39-330
Employing or retaining an appraiser as disinterested third party or for specialized services
Status: in_force

A client or employer may retain or employ a state licensed or certified real estate appraiser to act as a disinterested third party in rendering an unbiased estimate of value or analysis. A client or employer may also retain or employ a state licensed or certified real estate appraiser to provide specialized services to facilitate the client's or employer's objectives. In either case, the appraisal and the appraisal report must be prepared in compliance with this chapter. Acts 1990, ch. 865, § 39; 1991, ch. 366, § 40.
A client or employer may retain or employ a state licensed or certified real estate appraiser to act as a disinterested third party in rendering an unbiased estimate of value or analysis. A client or employer may also retain or employ a state licensed or certified real estate appraiser to provide specialized services to facilitate the client's or employer's objectives. In either case, the appraisal and the appraisal report must be prepared in compliance with this chapter.
Acts 1990, ch. 865, § 39; 1991, ch. 366, § 40.
Tenn. Code Ann. § 62-39-304 — TN Code / Title 62 / Chapter 39 / Section 62-39-304
Real estate appraiser trainee - Rules
Status: in_force

(a) As a prerequisite to making application for licensure as a state-licensed real estate appraiser, a state-certified residential real estate appraiser or a state-certified general appraiser, an applicant must register as a real estate appraiser trainee, in addition to all other lawful requirements, then demonstrate two (2) years of service under a state-certified residential real estate appraiser or a state-certified general real estate appraiser as a real estate appraiser trainee or equivalent experience as determined by the commission and in compliance with the Uniform Standards of Professional Appraisal Practice promulgated by the appraisal standards board of the appraisal foundation. (b) Eligibility for registration as a real estate appraiser trainee shall be determined by the Tennessee real estate appraisal commission. (c) An application for registration as a real estate appraiser trainee shall be accompanied by a nonrefundable application fee. (d) A certificate of registration as a real estate appraiser trainee will expire two (2) years following the date of issuance, unless renewed prior to expiration. (e) This section shall not apply to persons serving as a trainee under the supervision of a state-certified residential real estate appraiser or a state-certified general real estate appraiser as of June 30, 1997. Acts 1990, ch. 865, § 13; 1991, ch. 366, § 16; 1997 , ch. 370, § 1.
(a) As a prerequisite to making application for licensure as a state-licensed real estate appraiser, a state-certified residential real estate appraiser or a state-certified general appraiser, an applicant must register as a real estate appraiser trainee, in addition to all other lawful requirements, then demonstrate two (2) years of service under a state-certified residential real estate appraiser or a state-certified general real estate appraiser as a real estate appraiser trainee or equivalent experience as determined by the commission and in compliance with the Uniform Standards of Professional Appraisal Practice promulgated by the appraisal standards board of the appraisal foundation.
(b) Eligibility for registration as a real estate appraiser trainee shall be determined by the Tennessee real estate appraisal commission.
(c) An application for registration as a real estate appraiser trainee shall be accompanied by a nonrefundable application fee.
(d) A certificate of registration as a real estate appraiser trainee will expire two (2) years following the date of issuance, unless renewed prior to expiration.
(e) This section shall not apply to persons serving as a trainee under the supervision of a state-certified residential real estate appraiser or a state-certified general real estate appraiser as of June 30, 1997.
Acts 1990, ch. 865, § 13; 1991, ch. 366, § 16; 1997 , ch. 370, § 1.
Tenn. Code Ann. § 62-4-205 — TN Code / Title 62 / Chapter 4 / Section 62-4-205
State participation in the compact
Status: in_force

(a) To be eligible to join this compact, and to maintain eligibility as a member state, a state must: (1) License and regulate cosmetology; (2) Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state; (3) Require that licensees within that state pass a cosmetology competency examination prior to being licensed to provide cosmetology services to the public in that state; (4) Require that licensees satisfy educational or training requirements in cosmetology prior to being licensed to provide cosmetology services to the public in that state; (5) Implement procedures for considering one (1) or more of the following categories of information from applicants for licensure: criminal history, disciplinary history, or background check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant's background check as defined in this compact; (6) Participate in the data system, including through the use of unique identifying numbers; (7) Share information related to adverse actions with the commission and other member states, both through the data system and otherwise; (8) Notify the commission and other member states, in compliance with the terms of this compact and rules of the commission, of the existence of investigative information or current significant investigative information in the state's possession regarding a licensee practicing in that state; (9) Comply with such rules as may be enacted by the commission to administer this compact; and (10) Accept licensees from other member states as established in this compact. (b) Member states may charge a fee for granting a license to practice cosmetology. (c) Individuals not residing in a member state must continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals must not be recognized as granting a multistate license to provide services in any other member state. (d) Nothing in this compact affects the requirements established by a member state for the issuance of a single-state license. (e) A multistate license issued to a licensee by a home state to a resident of that state must be recognized by each member state as authorizing a licensee to practice cosmetology in each member state. (f) At no point shall the commission have the power to define the educational or professional requirements for a license to practice cosmetology. The member states must retain sole jurisdiction over the provision of these requirements. Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
(a) To be eligible to join this compact, and to maintain eligibility as a member state, a state must: (1) License and regulate cosmetology; (2) Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state; (3) Require that licensees within that state pass a cosmetology competency examination prior to being licensed to provide cosmetology services to the public in that state; (4) Require that licensees satisfy educational or training requirements in cosmetology prior to being licensed to provide cosmetology services to the public in that state; (5) Implement procedures for considering one (1) or more of the following categories of information from applicants for licensure: criminal history, disciplinary history, or background check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant's background check as defined in this compact; (6) Participate in the data system, including through the use of unique identifying numbers; (7) Share information related to adverse actions with the commission and other member states, both through the data system and otherwise; (8) Notify the commission and other member states, in compliance with the terms of this compact and rules of the commission, of the existence of investigative information or current significant investigative information in the state's possession regarding a licensee practicing in that state; (9) Comply with such rules as may be enacted by the commission to administer this compact; and (10) Accept licensees from other member states as established in this compact.
(1) License and regulate cosmetology;
(2) Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state;
(3) Require that licensees within that state pass a cosmetology competency examination prior to being licensed to provide cosmetology services to the public in that state;
(4) Require that licensees satisfy educational or training requirements in cosmetology prior to being licensed to provide cosmetology services to the public in that state;
(5) Implement procedures for considering one (1) or more of the following categories of information from applicants for licensure: criminal history, disciplinary history, or background check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant's background check as defined in this compact;
(6) Participate in the data system, including through the use of unique identifying numbers;
(7) Share information related to adverse actions with the commission and other member states, both through the data system and otherwise;
(8) Notify the commission and other member states, in compliance with the terms of this compact and rules of the commission, of the existence of investigative information or current significant investigative information in the state's possession regarding a licensee practicing in that state;
(9) Comply with such rules as may be enacted by the commission to administer this compact; and
(10) Accept licensees from other member states as established in this compact.
(b) Member states may charge a fee for granting a license to practice cosmetology.
(c) Individuals not residing in a member state must continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals must not be recognized as granting a multistate license to provide services in any other member state.
(d) Nothing in this compact affects the requirements established by a member state for the issuance of a single-state license.
(e) A multistate license issued to a licensee by a home state to a resident of that state must be recognized by each member state as authorizing a licensee to practice cosmetology in each member state.
(f) At no point shall the commission have the power to define the educational or professional requirements for a license to practice cosmetology. The member states must retain sole jurisdiction over the provision of these requirements.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 62-3-109 — TN Code / Title 62 / Chapter 3 / Section 62-3-109
Shop registration, styling, supervision and management - Barbering in other locations
Status: in_force

(a) It is unlawful to operate a barber shop or barber styling shop without a valid certificate of registration issued by the board. Application for the certificate shall be made upon application forms furnished by the board. (b) Prior to the opening of any new barber or styling shop or change of location of an existing barber or styling shop, an inspector of the board shall inspect and approve the shop. Inspections of shops shall be made within ten (10) days of receipt of a request for an inspection, with the request to be accompanied by payment for the inspection. If the ownership of a shop changes, the new owner may not operate the shop more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner submits an application for a license to operate the shop and has paid the proper fees. Any change of location or ownership or new shop shall be reported to the office of the board immediately. (c) (1) As used in this chapter, unless the context otherwise requires: (A) "Designated manager" means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity of the shop in the absence of the manager; and (B) "Manager" means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity in the shop whose information is filed with the board. (2) Each shop licensed by the board shall designate a manager. The shop shall submit the name and license information of its manager upon application and renewal. (3) It is unlawful to operate a shop unless it is, at all times, under the direction of a manager or designated manager. While on duty, the manager or designated manager shall be responsible for the shop's compliance with this chapter and the rules of the board. The board may require the name of the shop's manager or designated manager to be posted in such form and location as the board may prescribe. (4) The manager and designated manager may manage those who practice disciplines in cosmetology or barbering other than the discipline in which the manager or designated manager is licensed; however, the manager or designated manager shall only practice within the field that the person is licensed. (d) Except as provided in § 62-3-108 , it is unlawful to perform any act constituting barbering under § 62-3-105 in any place other than a duly registered barber shop, barber styling shop, barber school or college, licensed funeral establishment, registered mobile shop, nursing home, hospital health facilities or in the residence of the person to whom the services are being rendered pursuant to § 62-3-135 . Amended by 2017 Tenn. Acts, ch. 102, s 1, eff. 1/1/2018. Amended by 2016 Tenn. Acts, ch. 838, s 4, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 983, s 2, eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 402, s 1, eff. 7/1/2015. Acts 1929, ch. 118, § 1; Code 1932, § 7118; Acts 1980, ch. 703, §4; T.C.A. (orig. ed.), § 62-309; Acts 1982, ch. 870, § 2; 1986, ch. 921, §§ 5-7; 1990, ch. 963, §4; 1996, ch. 895, §§ 1, 2.
(a) It is unlawful to operate a barber shop or barber styling shop without a valid certificate of registration issued by the board. Application for the certificate shall be made upon application forms furnished by the board.
(b) Prior to the opening of any new barber or styling shop or change of location of an existing barber or styling shop, an inspector of the board shall inspect and approve the shop. Inspections of shops shall be made within ten (10) days of receipt of a request for an inspection, with the request to be accompanied by payment for the inspection. If the ownership of a shop changes, the new owner may not operate the shop more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner submits an application for a license to operate the shop and has paid the proper fees. Any change of location or ownership or new shop shall be reported to the office of the board immediately.
(c) (1) As used in this chapter, unless the context otherwise requires: (A) "Designated manager" means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity of the shop in the absence of the manager; and (B) "Manager" means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity in the shop whose information is filed with the board. (2) Each shop licensed by the board shall designate a manager. The shop shall submit the name and license information of its manager upon application and renewal. (3) It is unlawful to operate a shop unless it is, at all times, under the direction of a manager or designated manager. While on duty, the manager or designated manager shall be responsible for the shop's compliance with this chapter and the rules of the board. The board may require the name of the shop's manager or designated manager to be posted in such form and location as the board may prescribe. (4) The manager and designated manager may manage those who practice disciplines in cosmetology or barbering other than the discipline in which the manager or designated manager is licensed; however, the manager or designated manager shall only practice within the field that the person is licensed.
(1) As used in this chapter, unless the context otherwise requires: (A) "Designated manager" means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity of the shop in the absence of the manager; and (B) "Manager" means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity in the shop whose information is filed with the board.
(A) "Designated manager" means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity of the shop in the absence of the manager; and
(B) "Manager" means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity in the shop whose information is filed with the board.
(2) Each shop licensed by the board shall designate a manager. The shop shall submit the name and license information of its manager upon application and renewal.
(3) It is unlawful to operate a shop unless it is, at all times, under the direction of a manager or designated manager. While on duty, the manager or designated manager shall be responsible for the shop's compliance with this chapter and the rules of the board. The board may require the name of the shop's manager or designated manager to be posted in such form and location as the board may prescribe.
(4) The manager and designated manager may manage those who practice disciplines in cosmetology or barbering other than the discipline in which the manager or designated manager is licensed; however, the manager or designated manager shall only practice within the field that the person is licensed.
(d) Except as provided in § 62-3-108 , it is unlawful to perform any act constituting barbering under § 62-3-105 in any place other than a duly registered barber shop, barber styling shop, barber school or college, licensed funeral establishment, registered mobile shop, nursing home, hospital health facilities or in the residence of the person to whom the services are being rendered pursuant to § 62-3-135 .
Amended by 2017 Tenn. Acts, ch. 102, s 1, eff. 1/1/2018.
Amended by 2016 Tenn. Acts, ch. 838, s 4, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 983, s 2, eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 402, s 1, eff. 7/1/2015.
Acts 1929, ch. 118, § 1; Code 1932, § 7118; Acts 1980, ch. 703, §4; T.C.A. (orig. ed.), § 62-309; Acts 1982, ch. 870, § 2; 1986, ch. 921, §§ 5-7; 1990, ch. 963, §4; 1996, ch. 895, §§ 1, 2.
Tenn. Code Ann. § 62-9-113 — TN Code / Title 62 / Chapter 9 / Section 62-9-113
Emergency rules - Committee for development of uniform terminology
Status: in_force

(a) The department is authorized to promulgate emergency rules to implement this chapter. (b) As part of the rules promulgated pursuant to this section, the commissioner shall develop uniform terminology to describe the types of metal most commonly sold as scrap. The commissioner may appoint a committee to develop the uniform terminology. The committee shall consist of at least five (5) members but no more than seven (7) members with at least one (1) member selected from each of the following groups: the scrap metal industry, the Tennessee Association of Chiefs of Police, the Tennessee Sheriffs' Association, the Home Builders Association of Tennessee and a member of the public who is not engaged in law enforcement, the scrap metal industry or the home building industry. The purpose of uniform terminology is to increase the chances of locating and recovering stolen scrap metal by enabling law enforcement officials to describe the stolen metal in their theft report in the same terms as the scrap metal industry uses to describe the same metal when it is brought in for sale. Amended by 2013 Tenn. Acts, ch. 211, s 4, eff. 7/1/2013. Acts 2008 , ch. 690, §4; 2009 , ch. 566, § 12.
(a) The department is authorized to promulgate emergency rules to implement this chapter.
(b) As part of the rules promulgated pursuant to this section, the commissioner shall develop uniform terminology to describe the types of metal most commonly sold as scrap. The commissioner may appoint a committee to develop the uniform terminology. The committee shall consist of at least five (5) members but no more than seven (7) members with at least one (1) member selected from each of the following groups: the scrap metal industry, the Tennessee Association of Chiefs of Police, the Tennessee Sheriffs' Association, the Home Builders Association of Tennessee and a member of the public who is not engaged in law enforcement, the scrap metal industry or the home building industry. The purpose of uniform terminology is to increase the chances of locating and recovering stolen scrap metal by enabling law enforcement officials to describe the stolen metal in their theft report in the same terms as the scrap metal industry uses to describe the same metal when it is brought in for sale.
Amended by 2013 Tenn. Acts, ch. 211, s 4, eff. 7/1/2013.
Acts 2008 , ch. 690, §4; 2009 , ch. 566, § 12.
Tenn. Code Ann. § 62-6-508 — TN Code / Title 62 / Chapter 6 / Section 62-6-508
Requirements of home improvement contracts
Status: in_force

(a) Every home improvement contract shall: (1) Be in legible writing and contain the complete agreement between the owner and the home improvement contractor; (2) State the full names and addresses of all parties, the license number of the home improvement contractor, the date when executed by the parties and contain a description of the work to be done and the goods to be used; (3) Be completed in full without any blank spaces to be filled in after the contract is signed by the owner and clearly describe any other documents that are to be incorporated and shall contain the following notice directly above the space provided for the signature of the owner: NOTICE TO OWNER: Do not sign this contract if blank. You are entitled to a copy of the contract at the time you sign. (4) Contain the approximate dates when the work will begin and be substantially completed; (5) Contain the agreed upon consideration for the work; (6) Contain a notice that all home improvement contractors must be licensed by the board and that any inquiries about a contractor should be transmitted to the board's office; (7) Contain all other matters upon which the parties lawfully agree; and (8) Not contain any power of attorney to confess judgment. (b) No sales person, agent or employee of the home improvement contractor shall be authorized to make any changes in the agreement on behalf of the owner. (c) Contracts that fail to comply with the requirements of this section shall not be invalid solely because of noncompliance. Acts 2007 , ch. 460, § 2.
(a) Every home improvement contract shall: (1) Be in legible writing and contain the complete agreement between the owner and the home improvement contractor; (2) State the full names and addresses of all parties, the license number of the home improvement contractor, the date when executed by the parties and contain a description of the work to be done and the goods to be used; (3) Be completed in full without any blank spaces to be filled in after the contract is signed by the owner and clearly describe any other documents that are to be incorporated and shall contain the following notice directly above the space provided for the signature of the owner: NOTICE TO OWNER: Do not sign this contract if blank. You are entitled to a copy of the contract at the time you sign. (4) Contain the approximate dates when the work will begin and be substantially completed; (5) Contain the agreed upon consideration for the work; (6) Contain a notice that all home improvement contractors must be licensed by the board and that any inquiries about a contractor should be transmitted to the board's office; (7) Contain all other matters upon which the parties lawfully agree; and (8) Not contain any power of attorney to confess judgment.
(1) Be in legible writing and contain the complete agreement between the owner and the home improvement contractor;
(2) State the full names and addresses of all parties, the license number of the home improvement contractor, the date when executed by the parties and contain a description of the work to be done and the goods to be used;
(3) Be completed in full without any blank spaces to be filled in after the contract is signed by the owner and clearly describe any other documents that are to be incorporated and shall contain the following notice directly above the space provided for the signature of the owner: NOTICE TO OWNER: Do not sign this contract if blank. You are entitled to a copy of the contract at the time you sign.
NOTICE TO OWNER: Do not sign this contract if blank. You are
entitled to a copy of the contract at the time you sign.
(4) Contain the approximate dates when the work will begin and be substantially completed;
(5) Contain the agreed upon consideration for the work;
(6) Contain a notice that all home improvement contractors must be licensed by the board and that any inquiries about a contractor should be transmitted to the board's office;
(7) Contain all other matters upon which the parties lawfully agree; and
(8) Not contain any power of attorney to confess judgment.
(b) No sales person, agent or employee of the home improvement contractor shall be authorized to make any changes in the agreement on behalf of the owner.
(c) Contracts that fail to comply with the requirements of this section shall not be invalid solely because of noncompliance.
Acts 2007 , ch. 460, § 2.
Tenn. Code Ann. § 62-26-209 — TN Code / Title 62 / Chapter 26 / Section 62-26-209
Posting of license
Status: in_force

Every license issued under this part shall be posted conspicuously in the licensee's principal place of business. Acts 1990, ch. 780, § 10; 1993, ch. 511, § 11.
Every license issued under this part shall be posted conspicuously in the licensee's principal place of business.
Acts 1990, ch. 780, § 10; 1993, ch. 511, § 11.
Tenn. Code Ann. § 62-3-102 — TN Code / Title 62 / Chapter 3 / Section 62-3-102
Reserved
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 964,s 12, eff. 7/1/2014. Acts 1929, ch. 118, § 19; Code 1932, § 7135; Acts 1978, ch. 906, §11; T.C.A. (orig. ed.), § 62-302.
Repealed by 2014 Tenn. Acts, ch. 964,s 12, eff. 7/1/2014.
Acts 1929, ch. 118, § 19; Code 1932, § 7135; Acts 1978, ch. 906, §11; T.C.A. (orig. ed.), § 62-302.
Tenn. Code Ann. § 62-9-103 — TN Code / Title 62 / Chapter 9 / Section 62-9-103
Copying and recording required identification of sellers of scrap metal - Scrap metal transaction record requirements - Alternative forms of identification
Status: in_force

(a) Except as provided in subdivision (b)(2), no scrap metal dealer may purchase or otherwise acquire scrap metal from a person unless that person presents a state or federally issued photo identification card that appears valid on its face to the dealer and provides a thumbprint as provided in § 62-9-104 . (b) (1) If a valid state or federally issued photo identification card is presented, the scrap metal dealer shall record the name, sex, height, date of birth, residence address and the photo identification card number of the person selling the scrap metal, photocopy the photo identification card presented and maintain this information as part of the transaction record. The scrap metal dealer shall also record the license plate number and make and model of the motor vehicle the seller is driving. If the vehicle is a commercial vehicle, the buyer shall record the name of the business owning or leasing the vehicle. (2) If the person presenting the scrap metal for sale does not have a state or federally issued photo identification card, the dealer shall require the seller to present some form of state or federally issued identification, photograph the person and record the information contained on the identification card prior to the transaction being made. Even if a photograph of the seller is taken, the dealer is prohibited from making the transaction if the seller does not have, or refuses to present, the required identification. Acts 2008 , ch. 690, § 1.
(a) Except as provided in subdivision (b)(2), no scrap metal dealer may purchase or otherwise acquire scrap metal from a person unless that person presents a state or federally issued photo identification card that appears valid on its face to the dealer and provides a thumbprint as provided in § 62-9-104 .
(b) (1) If a valid state or federally issued photo identification card is presented, the scrap metal dealer shall record the name, sex, height, date of birth, residence address and the photo identification card number of the person selling the scrap metal, photocopy the photo identification card presented and maintain this information as part of the transaction record. The scrap metal dealer shall also record the license plate number and make and model of the motor vehicle the seller is driving. If the vehicle is a commercial vehicle, the buyer shall record the name of the business owning or leasing the vehicle. (2) If the person presenting the scrap metal for sale does not have a state or federally issued photo identification card, the dealer shall require the seller to present some form of state or federally issued identification, photograph the person and record the information contained on the identification card prior to the transaction being made. Even if a photograph of the seller is taken, the dealer is prohibited from making the transaction if the seller does not have, or refuses to present, the required identification.
(1) If a valid state or federally issued photo identification card is presented, the scrap metal dealer shall record the name, sex, height, date of birth, residence address and the photo identification card number of the person selling the scrap metal, photocopy the photo identification card presented and maintain this information as part of the transaction record. The scrap metal dealer shall also record the license plate number and make and model of the motor vehicle the seller is driving. If the vehicle is a commercial vehicle, the buyer shall record the name of the business owning or leasing the vehicle.
(2) If the person presenting the scrap metal for sale does not have a state or federally issued photo identification card, the dealer shall require the seller to present some form of state or federally issued identification, photograph the person and record the information contained on the identification card prior to the transaction being made. Even if a photograph of the seller is taken, the dealer is prohibited from making the transaction if the seller does not have, or refuses to present, the required identification.
Acts 2008 , ch. 690, § 1.
Tenn. Code Ann. § 62-50-101 — TN Code / Title 62 / Chapter 50 / Section 62-50-101
Limitation on liability of committee members
Status: in_force

No member of a duly appointed committee formed by a professional society to maintain the professional standards of the society as established by its bylaws shall be individually liable for defamation in or arising out of any act or proceeding undertaken or performed unless the member: (1) Acted outside the scope of functions for which the committee was formed; (2) Acted with malice; (3) Was grossly negligent regarding the truth or falsity of any matters; or (4) Failed to use a reasonable effort to discover the truth. Acts 1981, ch. 526, § 1; T.C.A., § 62-5001.
No member of a duly appointed committee formed by a professional society to maintain the professional standards of the society as established by its bylaws shall be individually liable for defamation in or arising out of any act or proceeding undertaken or performed unless the member:
(1) Acted outside the scope of functions for which the committee was formed;
(2) Acted with malice;
(3) Was grossly negligent regarding the truth or falsity of any matters; or
(4) Failed to use a reasonable effort to discover the truth.
Acts 1981, ch. 526, § 1; T.C.A., § 62-5001.
Tenn. Code Ann. § 62-38-310 — TN Code / Title 62 / Chapter 38 / Section 62-38-310
Penalty
Status: in_force

A violation of this part by an operator or a technician is a Class B misdemeanor. Acts 2001, ch. 336, § 11.
A violation of this part by an operator or a technician is a Class B misdemeanor.
Acts 2001, ch. 336, § 11.
Tenn. Code Ann. § 62-18-115 — TN Code / Title 62 / Chapter 18 / Section 62-18-115
Investigations and prosecutions
Status: in_force

It is the duty of the board to inquire into the identity of any person claiming to be a land surveyor and to prosecute any person violating this part. Acts 1969, ch. 207, § 10; T.C.A., § 62-1814.
It is the duty of the board to inquire into the identity of any person claiming to be a land surveyor and to prosecute any person violating this part.
Acts 1969, ch. 207, § 10; T.C.A., § 62-1814.
Tenn. Code Ann. § 62-5-701 — TN Code / Title 62 / Chapter 5 / Section 62-5-701
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Disposition directions" means a legible written instrument signed by the decedent and acknowledged by a notary or witnessed by two (2) persons who are qualified adults; provided, that such written instrument may be, but is not limited to, a letter of instructions, a will, a trust document, or an advance directive; (2) "Qualified adult" means a person who is eighteen (18) years of age or older and of sound mind; and (3) "Right of disposition" means the right to determine the disposition of the remains of a decedent, including the location, manner, and conditions of disposition and arrangements for funeral goods and services. Acts 2012, ch. 828, § 2.
As used in this part, unless the context otherwise requires:
(1) "Disposition directions" means a legible written instrument signed by the decedent and acknowledged by a notary or witnessed by two (2) persons who are qualified adults; provided, that such written instrument may be, but is not limited to, a letter of instructions, a will, a trust document, or an advance directive;
(2) "Qualified adult" means a person who is eighteen (18) years of age or older and of sound mind; and
(3) "Right of disposition" means the right to determine the disposition of the remains of a decedent, including the location, manner, and conditions of disposition and arrangements for funeral goods and services.
Acts 2012, ch. 828, § 2.
Tenn. Code Ann. § 62-32-322 — TN Code / Title 62 / Chapter 32 / Section 62-32-322
Cancellation of contract for alarm system services
Status: in_force

An owner of residential property, that serves as the owner's primary residence, may cancel a contract between the owner and an alarm systems contractor for the provision of alarm system services when the term of the contract is for a period longer than two (2) years by giving thirty-days' written notice to the alarm systems contractor after the initial two (2) years in the term if: (1) The owner is required to sell the residential property due to medical reasons; and (2) The owner provides the alarm systems contractor with a letter from the owner's treating physician verifying the medical reasons. Added by 2017 Tenn. Acts, ch. 209,s 1, eff. 1/1/2018.
An owner of residential property, that serves as the owner's primary residence, may cancel a contract between the owner and an alarm systems contractor for the provision of alarm system services when the term of the contract is for a period longer than two (2) years by giving thirty-days' written notice to the alarm systems contractor after the initial two (2) years in the term if:
(1) The owner is required to sell the residential property due to medical reasons; and
(2) The owner provides the alarm systems contractor with a letter from the owner's treating physician verifying the medical reasons.
Added by 2017 Tenn. Acts, ch. 209,s 1, eff. 1/1/2018.
Tenn. Code Ann. § 62-20-123 — TN Code / Title 62 / Chapter 20 / Section 62-20-123
Violations
Status: in_force

A willful violation of this chapter or of any rule lawfully promulgated under this chapter is a Class C misdemeanor. Acts 1981, ch. 170, § 23; T.C.A., § 62-20-124 ; Acts 1989, ch. 591, § 113.
A willful violation of this chapter or of any rule lawfully promulgated under this chapter is a Class C misdemeanor.
Acts 1981, ch. 170, § 23; T.C.A., § 62-20-124 ; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 62-25-107 — TN Code / Title 62 / Chapter 25 / Section 62-25-107
Investigation by real estate commission - Suspension or revocation of license
Status: in_force

(a) The real estate commission, upon its own motion or upon a signed complaint made by any person in writing, may investigate the activities of any rental location agent in this state or any person who acts in that capacity. (b) The commission may suspend, revoke or refuse to issue or renew a rental location agent's license on any of the following grounds: (1) Proof of financial irresponsibility or insolvency; (2) Making any materially false or misleading statement or omission in an application for a license; (3) Conviction of or a plea of nolo contendere to a felony or misdemeanor, if the commission finds that the conviction or plea renders the applicant or licensee insufficiently trustworthy to deal with the public. However, an action taken under this subdivision (b)(3) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (4) Any violation of this chapter or of any rule duly adopted by the commission under this chapter. (c) The license of any real estate broker or affiliate broker who acts as a rental location agent may be suspended or revoked on any of the grounds stated in subsection (b). Amended by 2018 Tenn. Acts, ch. 745,s 13, eff. 7/1/2018. Acts 1978, ch. 663, § 7; 1981, ch. 298, §§ 2, 3; T.C.A., § 62-2507.
(a) The real estate commission, upon its own motion or upon a signed complaint made by any person in writing, may investigate the activities of any rental location agent in this state or any person who acts in that capacity.
(b) The commission may suspend, revoke or refuse to issue or renew a rental location agent's license on any of the following grounds: (1) Proof of financial irresponsibility or insolvency; (2) Making any materially false or misleading statement or omission in an application for a license; (3) Conviction of or a plea of nolo contendere to a felony or misdemeanor, if the commission finds that the conviction or plea renders the applicant or licensee insufficiently trustworthy to deal with the public. However, an action taken under this subdivision (b)(3) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (4) Any violation of this chapter or of any rule duly adopted by the commission under this chapter.
(1) Proof of financial irresponsibility or insolvency;
(2) Making any materially false or misleading statement or omission in an application for a license;
(3) Conviction of or a plea of nolo contendere to a felony or misdemeanor, if the commission finds that the conviction or plea renders the applicant or licensee insufficiently trustworthy to deal with the public. However, an action taken under this subdivision (b)(3) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or
(4) Any violation of this chapter or of any rule duly adopted by the commission under this chapter.
(c) The license of any real estate broker or affiliate broker who acts as a rental location agent may be suspended or revoked on any of the grounds stated in subsection (b).
Amended by 2018 Tenn. Acts, ch. 745,s 13, eff. 7/1/2018.
Acts 1978, ch. 663, § 7; 1981, ch. 298, §§ 2, 3; T.C.A., § 62-2507.
Tenn. Code Ann. § 62-4-131 — TN Code / Title 62 / Chapter 4 / Section 62-4-131
Renewal of manicurist and shampooer licenses
Status: in_force

(a) Any person holding a valid manicurist and shampooer license on August 1, 1987, shall be entitled to renew the license, so long as a complete renewal application with all appropriate fees is filed with the board no later than September 30 immediately following the license expiration date. If the application is mailed, the postmark of the United States postal service shall be considered the filing date. (b) Any application for renewal of a manicurist and shampooer license that is filed with the board after September 30 of the year in which the license expires shall be denied. The board shall not reinstate a former manicurist and shampooer licensee who fails to comply with subsection (a). (c) The board may, in its discretion, issue a manicurist license to a former manicurist and shampooer licensee upon proper application accompanied by all past unpaid renewal fees, the fee for the current license period and a surcharge as set by the board. If the application is made in the same fiscal year as the board denies the applicant's manicurist and shampooer renewal application, the fees submitted with the denied application shall be credited toward the amount due for a manicurist license under this subsection (c). The board shall not issue a manicurist license to an applicant whose manicurist and shampooer license has lapsed for three (3) years or longer unless the applicant passes a practical and state law examination. Acts 1988, ch. 902, § 12; 1989, ch. 93, § 13; 1989, ch. 523, § 134.
(a) Any person holding a valid manicurist and shampooer license on August 1, 1987, shall be entitled to renew the license, so long as a complete renewal application with all appropriate fees is filed with the board no later than September 30 immediately following the license expiration date. If the application is mailed, the postmark of the United States postal service shall be considered the filing date.
(b) Any application for renewal of a manicurist and shampooer license that is filed with the board after September 30 of the year in which the license expires shall be denied. The board shall not reinstate a former manicurist and shampooer licensee who fails to comply with subsection (a).
(c) The board may, in its discretion, issue a manicurist license to a former manicurist and shampooer licensee upon proper application accompanied by all past unpaid renewal fees, the fee for the current license period and a surcharge as set by the board. If the application is made in the same fiscal year as the board denies the applicant's manicurist and shampooer renewal application, the fees submitted with the denied application shall be credited toward the amount due for a manicurist license under this subsection (c). The board shall not issue a manicurist license to an applicant whose manicurist and shampooer license has lapsed for three (3) years or longer unless the applicant passes a practical and state law examination.
Acts 1988, ch. 902, § 12; 1989, ch. 93, § 13; 1989, ch. 523, § 134.
Tenn. Code Ann. § 62-5-510 — TN Code / Title 62 / Chapter 5 / Section 62-5-510
Removal of devices or implants from remains
Status: in_force

If a funeral director delivers the decedent to a crematory facility, the funeral director shall take reasonable precautions to ensure necessary actions are taken to remove a device or implant from the decedent or to render the device or implant nonhazardous prior to delivering the decedent to the crematory facility if the funeral director is aware of such a device or implant. Acts 1999, ch. 215, § 10; 2000, ch. 779, § 24.
If a funeral director delivers the decedent to a crematory facility, the funeral director shall take reasonable precautions to ensure necessary actions are taken to remove a device or implant from the decedent or to render the device or implant nonhazardous prior to delivering the decedent to the crematory facility if the funeral director is aware of such a device or implant.
Acts 1999, ch. 215, § 10; 2000, ch. 779, § 24.
Tenn. Code Ann. § 62-39-205 — TN Code / Title 62 / Chapter 39 / Section 62-39-205
Fees
Status: in_force

The commission shall charge and collect fees to be utilized to fund activities that may be necessary to carry out this chapter. Acts 1990, ch. 865, § 9.
The commission shall charge and collect fees to be utilized to fund activities that may be necessary to carry out this chapter.
Acts 1990, ch. 865, § 9.