Tenn. Code Ann. § 62-6-301 — TN Code / Title 62 / Chapter 6 / Section 62-6-301
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Home Inspector License Act of 2005." Acts 2005, ch. 65, § 2.
This part shall be known and may be cited as the "Tennessee Home Inspector License Act of 2005."
Acts 2005, ch. 65, § 2.
Tenn. Code Ann. § 62-18-201 — TN Code / Title 62 / Chapter 18 / Section 62-18-201
Short title
Status: in_force

This part shall be known and may be cited as the "Soil Scientist Licensure Act of 2009." Acts 2010, ch. 1032, § 2.
This part shall be known and may be cited as the "Soil Scientist Licensure Act of 2009."
Acts 2010, ch. 1032, § 2.
Tenn. Code Ann. § 62-39-418 — TN Code / Title 62 / Chapter 39 / Section 62-39-418
Appraiser allowed to record fee appraiser paid for appraisal - Separate statement to client
Status: in_force

(a) An appraisal management company shall not prohibit an appraiser who is part of an appraiser panel from recording the fee that the appraiser was paid by the appraisal management company for the performance of the appraisal within the appraisal report that is submitted by the appraiser to the appraisal management company. (b) An appraisal management company shall separately state to the client, the fees paid to an appraiser for appraisal services and the fees charged by the appraisal management company for services associated with the management of the appraisal process, including procurement of the appraiser's services. Acts 2010, ch. 963, § 19.
(a) An appraisal management company shall not prohibit an appraiser who is part of an appraiser panel from recording the fee that the appraiser was paid by the appraisal management company for the performance of the appraisal within the appraisal report that is submitted by the appraiser to the appraisal management company.
(b) An appraisal management company shall separately state to the client, the fees paid to an appraiser for appraisal services and the fees charged by the appraisal management company for services associated with the management of the appraisal process, including procurement of the appraiser's services.
Acts 2010, ch. 963, § 19.
Tenn. Code Ann. § 62-5-101 — TN Code / Title 62 / Chapter 5 / Section 62-5-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Authorizing agent or agents" means a person or persons legally entitled to authorize the cremation of a dead human body or body parts. "Authorizing agent or agents" does not include a funeral director or funeral establishment; (2) "Board" means the board of funeral directors and embalmers; (3) "Cremation" means the heating process by which a human body or body parts are reduced to bone fragments through combustion and evaporation; (4) "Crematory" means the building or portion of a building that houses one (1) or more cremation chambers used for the reduction of body parts or bodies of deceased persons to cremated remains and the holding facility. "Crematory" includes crematorium; (5) "Embalming" means the preservation and disinfection, restoration or attempted preservation or disinfection of dead human bodies by the application of chemicals externally or internally, or both; (6) (A) "Funeral directing" means the: (i) Practice of directing or supervising funerals or the practice of preparing dead human bodies for burial by any means, other than by embalming, or the disposition of dead human bodies; (ii) Making of arrangements to provide for funeral services or the making of financial arrangements for the rendering of funeral services; (iii) Provision or maintenance of a place for the preparation for disposition or for the care or disposition of dead human bodies; (iv) Use of the word or term "funeral director," "undertaker," "mortician," "funeral parlor," "funeral chapel" or any other word or term from which can be implied the practice of funeral directing; or (v) Holding out to the public that one is a funeral director or engaged in a practice described in this subdivision (6); (B) For the purposes of this chapter, the following are exempted from the definition of "funeral directing": (i) The sale, maintenance and beautification of grave spaces; (ii) The sale, installation and maintenance of permanent grave or crypt markers; (iii) The opening and closing of a grave or crypt and the provision of the necessary grave or crypt equipment required for the final interment or entombment of casketed human bodies or cremated human remains; (iv) The sale and maintenance of crypts constructed of permanent material as an integral part of a group of crypts that are constructed on the site of intended use in a cemetery; (v) The sale and maintenance of above ground mausoleum crypts; and (vi) The sale of funeral merchandise; (C) Nothing in this section shall be construed as in conflict with § 46-2-101 ; (7) "Funeral establishment" means any business, whether a proprietorship, partnership, firm, association or corporation, engaged in arranging, directing or supervising funerals for profit or other benefit, the preparing of dead human bodies for burial, the disposition of dead human bodies, the provision or maintenance of place for the preparation for disposition, or for the care or disposition of human bodies; (8) "Licensee" means an embalmer or funeral director who holds a license issued by the board; (9) "Licensing period" means the period of time that a funeral director's or embalmer's license is in effect in this state; (10) "Removal service": (A) Means any person or entity that engages in arranging, directing, supervising or performing the transportation of deceased human remains for a fee; and (B) Does not include: (i) A licensed funeral director, a licensed embalmer, a licensed funeral establishment or person's employees; (ii) A federal, state or county government agency involved in the transportation of deceased human remains; and (iii) A private, for-profit ambulance service licensed pursuant to the Emergency Medical Services Act of 1983, compiled in title 68, chapter 140, part 3; (11) "Resident trainee" or "apprentice" means a person who is engaged in learning to practice as a funeral director or embalmer, as the case may be, under the personal supervision and instruction of a duly licensed funeral director or embalmer of this state under this chapter; (12) "State funeral directors association" means the Tennessee Funeral Directors Association or the Tennessee Funeral Directors and Morticians Association, a corporation; and (13) "Unlicensed assistant": (A) Means an individual who assists in the operation of a funeral establishment, under the direction and supervision of a funeral director or embalmer, and who is not a licensed funeral director or embalmer pursuant to § 62-5-303 ; and (B) Does not mean an individual who previously held a funeral director or embalmer license in this state that was revoked, suspended, or voluntarily surrendered with outstanding complaints. Amended by 2022 Tenn. Acts, ch. 1014, s 3, eff. 5/9/2022. Amended by 2013 Tenn. Acts, ch. 437, s 1, eff. 1/1/2014. Acts 1951, ch. 13, § 2 (Williams, § 7140.2); Acts 1968, ch. 542, § 1; 1972, ch. 553, § 1; T.C.A. (orig. ed.), § 62-501; Acts 1997 , ch. 275, § 1; 2002, ch. 809, § 1; 2010 , ch. 720, §§ 3, 4.
As used in this chapter, unless the context otherwise requires:
(1) "Authorizing agent or agents" means a person or persons legally entitled to authorize the cremation of a dead human body or body parts. "Authorizing agent or agents" does not include a funeral director or funeral establishment;
(2) "Board" means the board of funeral directors and embalmers;
(3) "Cremation" means the heating process by which a human body or body parts are reduced to bone fragments through combustion and evaporation;
(4) "Crematory" means the building or portion of a building that houses one (1) or more cremation chambers used for the reduction of body parts or bodies of deceased persons to cremated remains and the holding facility. "Crematory" includes crematorium;
(5) "Embalming" means the preservation and disinfection, restoration or attempted preservation or disinfection of dead human bodies by the application of chemicals externally or internally, or both;
(6) (A) "Funeral directing" means the: (i) Practice of directing or supervising funerals or the practice of preparing dead human bodies for burial by any means, other than by embalming, or the disposition of dead human bodies; (ii) Making of arrangements to provide for funeral services or the making of financial arrangements for the rendering of funeral services; (iii) Provision or maintenance of a place for the preparation for disposition or for the care or disposition of dead human bodies; (iv) Use of the word or term "funeral director," "undertaker," "mortician," "funeral parlor," "funeral chapel" or any other word or term from which can be implied the practice of funeral directing; or (v) Holding out to the public that one is a funeral director or engaged in a practice described in this subdivision (6); (B) For the purposes of this chapter, the following are exempted from the definition of "funeral directing": (i) The sale, maintenance and beautification of grave spaces; (ii) The sale, installation and maintenance of permanent grave or crypt markers; (iii) The opening and closing of a grave or crypt and the provision of the necessary grave or crypt equipment required for the final interment or entombment of casketed human bodies or cremated human remains; (iv) The sale and maintenance of crypts constructed of permanent material as an integral part of a group of crypts that are constructed on the site of intended use in a cemetery; (v) The sale and maintenance of above ground mausoleum crypts; and (vi) The sale of funeral merchandise; (C) Nothing in this section shall be construed as in conflict with § 46-2-101 ;
(A) "Funeral directing" means the: (i) Practice of directing or supervising funerals or the practice of preparing dead human bodies for burial by any means, other than by embalming, or the disposition of dead human bodies; (ii) Making of arrangements to provide for funeral services or the making of financial arrangements for the rendering of funeral services; (iii) Provision or maintenance of a place for the preparation for disposition or for the care or disposition of dead human bodies; (iv) Use of the word or term "funeral director," "undertaker," "mortician," "funeral parlor," "funeral chapel" or any other word or term from which can be implied the practice of funeral directing; or (v) Holding out to the public that one is a funeral director or engaged in a practice described in this subdivision (6);
(i) Practice of directing or supervising funerals or the practice of preparing dead human bodies for burial by any means, other than by embalming, or the disposition of dead human bodies;
(ii) Making of arrangements to provide for funeral services or the making of financial arrangements for the rendering of funeral services;
(iii) Provision or maintenance of a place for the preparation for disposition or for the care or disposition of dead human bodies;
(iv) Use of the word or term "funeral director," "undertaker," "mortician," "funeral parlor," "funeral chapel" or any other word or term from which can be implied the practice of funeral directing; or
(v) Holding out to the public that one is a funeral director or engaged in a practice described in this subdivision (6);
(B) For the purposes of this chapter, the following are exempted from the definition of "funeral directing": (i) The sale, maintenance and beautification of grave spaces; (ii) The sale, installation and maintenance of permanent grave or crypt markers; (iii) The opening and closing of a grave or crypt and the provision of the necessary grave or crypt equipment required for the final interment or entombment of casketed human bodies or cremated human remains; (iv) The sale and maintenance of crypts constructed of permanent material as an integral part of a group of crypts that are constructed on the site of intended use in a cemetery; (v) The sale and maintenance of above ground mausoleum crypts; and (vi) The sale of funeral merchandise;
(i) The sale, maintenance and beautification of grave spaces;
(ii) The sale, installation and maintenance of permanent grave or crypt markers;
(iii) The opening and closing of a grave or crypt and the provision of the necessary grave or crypt equipment required for the final interment or entombment of casketed human bodies or cremated human remains;
(iv) The sale and maintenance of crypts constructed of permanent material as an integral part of a group of crypts that are constructed on the site of intended use in a cemetery;
(v) The sale and maintenance of above ground mausoleum crypts; and
(vi) The sale of funeral merchandise;
(C) Nothing in this section shall be construed as in conflict with § 46-2-101 ;
(7) "Funeral establishment" means any business, whether a proprietorship, partnership, firm, association or corporation, engaged in arranging, directing or supervising funerals for profit or other benefit, the preparing of dead human bodies for burial, the disposition of dead human bodies, the provision or maintenance of place for the preparation for disposition, or for the care or disposition of human bodies;
(8) "Licensee" means an embalmer or funeral director who holds a license issued by the board;
(9) "Licensing period" means the period of time that a funeral director's or embalmer's license is in effect in this state;
(10) "Removal service": (A) Means any person or entity that engages in arranging, directing, supervising or performing the transportation of deceased human remains for a fee; and (B) Does not include: (i) A licensed funeral director, a licensed embalmer, a licensed funeral establishment or person's employees; (ii) A federal, state or county government agency involved in the transportation of deceased human remains; and (iii) A private, for-profit ambulance service licensed pursuant to the Emergency Medical Services Act of 1983, compiled in title 68, chapter 140, part 3;
(A) Means any person or entity that engages in arranging, directing, supervising or performing the transportation of deceased human remains for a fee; and
(B) Does not include: (i) A licensed funeral director, a licensed embalmer, a licensed funeral establishment or person's employees; (ii) A federal, state or county government agency involved in the transportation of deceased human remains; and (iii) A private, for-profit ambulance service licensed pursuant to the Emergency Medical Services Act of 1983, compiled in title 68, chapter 140, part 3;
(i) A licensed funeral director, a licensed embalmer, a licensed funeral establishment or person's employees;
(ii) A federal, state or county government agency involved in the transportation of deceased human remains; and
(iii) A private, for-profit ambulance service licensed pursuant to the Emergency Medical Services Act of 1983, compiled in title 68, chapter 140, part 3;
(11) "Resident trainee" or "apprentice" means a person who is engaged in learning to practice as a funeral director or embalmer, as the case may be, under the personal supervision and instruction of a duly licensed funeral director or embalmer of this state under this chapter;
(12) "State funeral directors association" means the Tennessee Funeral Directors Association or the Tennessee Funeral Directors and Morticians Association, a corporation; and
(13) "Unlicensed assistant": (A) Means an individual who assists in the operation of a funeral establishment, under the direction and supervision of a funeral director or embalmer, and who is not a licensed funeral director or embalmer pursuant to § 62-5-303 ; and (B) Does not mean an individual who previously held a funeral director or embalmer license in this state that was revoked, suspended, or voluntarily surrendered with outstanding complaints.
(A) Means an individual who assists in the operation of a funeral establishment, under the direction and supervision of a funeral director or embalmer, and who is not a licensed funeral director or embalmer pursuant to § 62-5-303 ; and
(B) Does not mean an individual who previously held a funeral director or embalmer license in this state that was revoked, suspended, or voluntarily surrendered with outstanding complaints.
Amended by 2022 Tenn. Acts, ch. 1014, s 3, eff. 5/9/2022.
Amended by 2013 Tenn. Acts, ch. 437, s 1, eff. 1/1/2014.
Acts 1951, ch. 13, § 2 (Williams, § 7140.2); Acts 1968, ch. 542, § 1; 1972, ch. 553, § 1; T.C.A. (orig. ed.), § 62-501; Acts 1997 , ch. 275, § 1; 2002, ch. 809, § 1; 2010 , ch. 720, §§ 3, 4.
Tenn. Code Ann. § 62-35-103 — TN Code / Title 62 / Chapter 35 / Section 62-35-103
Exemptions from chapter provisions
Status: in_force

(a) This chapter does not apply to: (1) A government officer or employee performing official duties; provided, that this exemption shall not apply to a security guard or security officer who is providing security or patrol services at or in a public school; (2) A consumer reporting agency, as defined by the Federal Fair Credit Reporting Act ( 15 U.S.C. § 1681 et seq.); (3) An attorney at law or the attorney's agent performing duties relating to the attorney's practice of law; (4) An insurance company, agent, broker or adjuster performing investigative duties in connection with insurance business transacted; (5) A holder of a purchase money security interest or the holder's agent repossessing the personal property in which the interest is held; (6) A private business employee conducting investigations relating to the internal affairs of the business; (7) A full-time sworn peace officer receiving compensation for services as a guard, patrol or watchperson under a contract with a private business that is properly licensed by the state; (8) An unarmed employee, whether uniformed or nonuniformed, in the course and scope of employment of a hospital who exceeds all training requirements established in § 62-35-118 by having received no less than twelve (12) classroom hours of training. The course curriculum for the training shall be on file with the commissioner; (9) Private entities contracting with governmental entities for the care, supervision or transportation of inmates. This exemption shall in no way authorize government contracts for the care, supervision or transportation of inmates; (10) A private special deputy appointed pursuant to § 38-8-118 ; (11) A special deputy appointed pursuant to § 8-8-212 or a special police officer appointed by the chief of police in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census; (12) A retired peace officer receiving compensation for services as a guard, patrol, or watchperson under a contract with a private business that is properly licensed by the state; provided, that the retired peace officer: (A) (i) Completes the firearms and marksmanship training required by § 62-35-118(b) ; and (ii) Has a written directive issued by the executive supervisor of the organization to which the person was attached or employed authorizing the person to carry a handgun; or (B) Is authorized to carry a firearm pursuant to § 38-8-116(b) ; (13) (A) One (1) designated employee per business location of a private company, firm, partnership or corporation that is not a contract security company or proprietary security organization whose duties include those of an unarmed security guard/officer during nonbusiness hours; (B) Pursuant to this subdivision (a)(13), no person, while performing any function of a security guard and patrol service during nonbusiness hours, shall: (i) Wear or display any badge, insignia, shield, patch or pattern that: (a) Indicates or tends to indicate that the person is a sworn peace officer; (b) Contains or includes the word "police" or the equivalent of that word; or (c) Is similar in wording to any law enforcement agency in this state; or (ii) Have or utilize any vehicle or equipment that: (a) Displays the words "police," "law enforcement officer," or the equivalent of those words; or (b) Has any sign, shield, accessory or insignia that may indicate that the vehicle or equipment belongs to a public law enforcement agency; (14) A special police officer appointed by a chief of police or by the sheriff in any county having a population of no less than one hundred fifty-three thousand (153,000) nor more than one hundred fifty-three thousand one hundred (153,100), according to the 2000 federal census or any subsequent census. A special police officer appointed pursuant to this subdivision (a)(14) shall have qualifications that are equivalent or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers; (15) (A) A company using or providing certified law enforcement officers to others exclusively for traffic control purposes within temporary work zones located in the public right-of-way and established in accordance with the manual on uniform traffic control devices (MUTCD); provided, however, that any department providing the law enforcement officers may require the company to have on staff a traffic control supervisor or a traffic engineer in order to insure compliance with the MUTCD and may also require the company to demonstrate proof of liability insurance; or (B) Commissioned, uniformed police officers, state troopers and/or sheriff deputies, upon departmental approval, are authorized, regardless of primary jurisdiction, to direct traffic in departmental approved uniforms or utilizing other governmental equipment, as may be required, in temporary work zones or for incident management purposes, to meet the needs of and control all road users, whether motorists, bicyclists, or pedestrians, within the highway, including persons with disabilities in accordance with the Americans with Disabilities Act of 1990 (ADA), Title II, Paragraph 35.130, upon any public roadway located within the state; or (16) An employee of a restaurant or hotel, as defined in § 68-14-302 , whose primary responsibilities do not involve the provision of security guard and patrol services. (b) [Deleted by 2022 amendment.] Amended by 2023 Tenn. Acts, ch. 367, s 20, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 357, s 3, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1121, s 2, eff. 1/1/2023. Amended by 2021 Tenn. Acts, ch. 322, s 1, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 580, s 10, eff. 7/1/2020. Acts 1987, ch. 436, § 3; 1988, ch. 987, § 2; 1989, ch. 142, §1; 1990, ch. 816, §§1, 2; 1996, ch. 1009, §§8, 9; 1997 , ch. 118, §1; 1997 , ch. 137, §1; 1997 , ch. 274, § 1; 1998, ch. 865, §1; 2001, ch. 452, § 2; 2002, ch. 590, § 1; 2004, ch. 661, § 2; 2006, ch. 862, § 4; 2006, ch. 1013, § 5.
(a) This chapter does not apply to: (1) A government officer or employee performing official duties; provided, that this exemption shall not apply to a security guard or security officer who is providing security or patrol services at or in a public school; (2) A consumer reporting agency, as defined by the Federal Fair Credit Reporting Act ( 15 U.S.C. § 1681 et seq.); (3) An attorney at law or the attorney's agent performing duties relating to the attorney's practice of law; (4) An insurance company, agent, broker or adjuster performing investigative duties in connection with insurance business transacted; (5) A holder of a purchase money security interest or the holder's agent repossessing the personal property in which the interest is held; (6) A private business employee conducting investigations relating to the internal affairs of the business; (7) A full-time sworn peace officer receiving compensation for services as a guard, patrol or watchperson under a contract with a private business that is properly licensed by the state; (8) An unarmed employee, whether uniformed or nonuniformed, in the course and scope of employment of a hospital who exceeds all training requirements established in § 62-35-118 by having received no less than twelve (12) classroom hours of training. The course curriculum for the training shall be on file with the commissioner; (9) Private entities contracting with governmental entities for the care, supervision or transportation of inmates. This exemption shall in no way authorize government contracts for the care, supervision or transportation of inmates; (10) A private special deputy appointed pursuant to § 38-8-118 ; (11) A special deputy appointed pursuant to § 8-8-212 or a special police officer appointed by the chief of police in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census; (12) A retired peace officer receiving compensation for services as a guard, patrol, or watchperson under a contract with a private business that is properly licensed by the state; provided, that the retired peace officer: (A) (i) Completes the firearms and marksmanship training required by § 62-35-118(b) ; and (ii) Has a written directive issued by the executive supervisor of the organization to which the person was attached or employed authorizing the person to carry a handgun; or (B) Is authorized to carry a firearm pursuant to § 38-8-116(b) ; (13) (A) One (1) designated employee per business location of a private company, firm, partnership or corporation that is not a contract security company or proprietary security organization whose duties include those of an unarmed security guard/officer during nonbusiness hours; (B) Pursuant to this subdivision (a)(13), no person, while performing any function of a security guard and patrol service during nonbusiness hours, shall: (i) Wear or display any badge, insignia, shield, patch or pattern that: (a) Indicates or tends to indicate that the person is a sworn peace officer; (b) Contains or includes the word "police" or the equivalent of that word; or (c) Is similar in wording to any law enforcement agency in this state; or (ii) Have or utilize any vehicle or equipment that: (a) Displays the words "police," "law enforcement officer," or the equivalent of those words; or (b) Has any sign, shield, accessory or insignia that may indicate that the vehicle or equipment belongs to a public law enforcement agency; (14) A special police officer appointed by a chief of police or by the sheriff in any county having a population of no less than one hundred fifty-three thousand (153,000) nor more than one hundred fifty-three thousand one hundred (153,100), according to the 2000 federal census or any subsequent census. A special police officer appointed pursuant to this subdivision (a)(14) shall have qualifications that are equivalent or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers; (15) (A) A company using or providing certified law enforcement officers to others exclusively for traffic control purposes within temporary work zones located in the public right-of-way and established in accordance with the manual on uniform traffic control devices (MUTCD); provided, however, that any department providing the law enforcement officers may require the company to have on staff a traffic control supervisor or a traffic engineer in order to insure compliance with the MUTCD and may also require the company to demonstrate proof of liability insurance; or (B) Commissioned, uniformed police officers, state troopers and/or sheriff deputies, upon departmental approval, are authorized, regardless of primary jurisdiction, to direct traffic in departmental approved uniforms or utilizing other governmental equipment, as may be required, in temporary work zones or for incident management purposes, to meet the needs of and control all road users, whether motorists, bicyclists, or pedestrians, within the highway, including persons with disabilities in accordance with the Americans with Disabilities Act of 1990 (ADA), Title II, Paragraph 35.130, upon any public roadway located within the state; or (16) An employee of a restaurant or hotel, as defined in § 68-14-302 , whose primary responsibilities do not involve the provision of security guard and patrol services.
(1) A government officer or employee performing official duties; provided, that this exemption shall not apply to a security guard or security officer who is providing security or patrol services at or in a public school;
(2) A consumer reporting agency, as defined by the Federal Fair Credit Reporting Act ( 15 U.S.C. § 1681 et seq.);
(3) An attorney at law or the attorney's agent performing duties relating to the attorney's practice of law;
(4) An insurance company, agent, broker or adjuster performing investigative duties in connection with insurance business transacted;
(5) A holder of a purchase money security interest or the holder's agent repossessing the personal property in which the interest is held;
(6) A private business employee conducting investigations relating to the internal affairs of the business;
(7) A full-time sworn peace officer receiving compensation for services as a guard, patrol or watchperson under a contract with a private business that is properly licensed by the state;
(8) An unarmed employee, whether uniformed or nonuniformed, in the course and scope of employment of a hospital who exceeds all training requirements established in § 62-35-118 by having received no less than twelve (12) classroom hours of training. The course curriculum for the training shall be on file with the commissioner;
(9) Private entities contracting with governmental entities for the care, supervision or transportation of inmates. This exemption shall in no way authorize government contracts for the care, supervision or transportation of inmates;
(10) A private special deputy appointed pursuant to § 38-8-118 ;
(11) A special deputy appointed pursuant to § 8-8-212 or a special police officer appointed by the chief of police in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
(12) A retired peace officer receiving compensation for services as a guard, patrol, or watchperson under a contract with a private business that is properly licensed by the state; provided, that the retired peace officer: (A) (i) Completes the firearms and marksmanship training required by § 62-35-118(b) ; and (ii) Has a written directive issued by the executive supervisor of the organization to which the person was attached or employed authorizing the person to carry a handgun; or (B) Is authorized to carry a firearm pursuant to § 38-8-116(b) ;
(A) (i) Completes the firearms and marksmanship training required by § 62-35-118(b) ; and (ii) Has a written directive issued by the executive supervisor of the organization to which the person was attached or employed authorizing the person to carry a handgun; or
(i) Completes the firearms and marksmanship training required by § 62-35-118(b) ; and
(ii) Has a written directive issued by the executive supervisor of the organization to which the person was attached or employed authorizing the person to carry a handgun; or
(B) Is authorized to carry a firearm pursuant to § 38-8-116(b) ;
(13) (A) One (1) designated employee per business location of a private company, firm, partnership or corporation that is not a contract security company or proprietary security organization whose duties include those of an unarmed security guard/officer during nonbusiness hours; (B) Pursuant to this subdivision (a)(13), no person, while performing any function of a security guard and patrol service during nonbusiness hours, shall: (i) Wear or display any badge, insignia, shield, patch or pattern that: (a) Indicates or tends to indicate that the person is a sworn peace officer; (b) Contains or includes the word "police" or the equivalent of that word; or (c) Is similar in wording to any law enforcement agency in this state; or (ii) Have or utilize any vehicle or equipment that: (a) Displays the words "police," "law enforcement officer," or the equivalent of those words; or (b) Has any sign, shield, accessory or insignia that may indicate that the vehicle or equipment belongs to a public law enforcement agency;
(A) One (1) designated employee per business location of a private company, firm, partnership or corporation that is not a contract security company or proprietary security organization whose duties include those of an unarmed security guard/officer during nonbusiness hours;
(B) Pursuant to this subdivision (a)(13), no person, while performing any function of a security guard and patrol service during nonbusiness hours, shall: (i) Wear or display any badge, insignia, shield, patch or pattern that: (a) Indicates or tends to indicate that the person is a sworn peace officer; (b) Contains or includes the word "police" or the equivalent of that word; or (c) Is similar in wording to any law enforcement agency in this state; or (ii) Have or utilize any vehicle or equipment that: (a) Displays the words "police," "law enforcement officer," or the equivalent of those words; or (b) Has any sign, shield, accessory or insignia that may indicate that the vehicle or equipment belongs to a public law enforcement agency;
(i) Wear or display any badge, insignia, shield, patch or pattern that: (a) Indicates or tends to indicate that the person is a sworn peace officer; (b) Contains or includes the word "police" or the equivalent of that word; or (c) Is similar in wording to any law enforcement agency in this state; or
(a) Indicates or tends to indicate that the person is a sworn peace officer;
(b) Contains or includes the word "police" or the equivalent of that word; or
(c) Is similar in wording to any law enforcement agency in this state; or
(ii) Have or utilize any vehicle or equipment that: (a) Displays the words "police," "law enforcement officer," or the equivalent of those words; or (b) Has any sign, shield, accessory or insignia that may indicate that the vehicle or equipment belongs to a public law enforcement agency;
(a) Displays the words "police," "law enforcement officer," or the equivalent of those words; or
(b) Has any sign, shield, accessory or insignia that may indicate that the vehicle or equipment belongs to a public law enforcement agency;
(14) A special police officer appointed by a chief of police or by the sheriff in any county having a population of no less than one hundred fifty-three thousand (153,000) nor more than one hundred fifty-three thousand one hundred (153,100), according to the 2000 federal census or any subsequent census. A special police officer appointed pursuant to this subdivision (a)(14) shall have qualifications that are equivalent or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers;
(15) (A) A company using or providing certified law enforcement officers to others exclusively for traffic control purposes within temporary work zones located in the public right-of-way and established in accordance with the manual on uniform traffic control devices (MUTCD); provided, however, that any department providing the law enforcement officers may require the company to have on staff a traffic control supervisor or a traffic engineer in order to insure compliance with the MUTCD and may also require the company to demonstrate proof of liability insurance; or (B) Commissioned, uniformed police officers, state troopers and/or sheriff deputies, upon departmental approval, are authorized, regardless of primary jurisdiction, to direct traffic in departmental approved uniforms or utilizing other governmental equipment, as may be required, in temporary work zones or for incident management purposes, to meet the needs of and control all road users, whether motorists, bicyclists, or pedestrians, within the highway, including persons with disabilities in accordance with the Americans with Disabilities Act of 1990 (ADA), Title II, Paragraph 35.130, upon any public roadway located within the state; or
(A) A company using or providing certified law enforcement officers to others exclusively for traffic control purposes within temporary work zones located in the public right-of-way and established in accordance with the manual on uniform traffic control devices (MUTCD); provided, however, that any department providing the law enforcement officers may require the company to have on staff a traffic control supervisor or a traffic engineer in order to insure compliance with the MUTCD and may also require the company to demonstrate proof of liability insurance; or
(B) Commissioned, uniformed police officers, state troopers and/or sheriff deputies, upon departmental approval, are authorized, regardless of primary jurisdiction, to direct traffic in departmental approved uniforms or utilizing other governmental equipment, as may be required, in temporary work zones or for incident management purposes, to meet the needs of and control all road users, whether motorists, bicyclists, or pedestrians, within the highway, including persons with disabilities in accordance with the Americans with Disabilities Act of 1990 (ADA), Title II, Paragraph 35.130, upon any public roadway located within the state; or
(16) An employee of a restaurant or hotel, as defined in § 68-14-302 , whose primary responsibilities do not involve the provision of security guard and patrol services.
(b) [Deleted by 2022 amendment.]
Amended by 2023 Tenn. Acts, ch. 367, s 20, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 357, s 3, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1121, s 2, eff. 1/1/2023.
Amended by 2021 Tenn. Acts, ch. 322, s 1, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 580, s 10, eff. 7/1/2020.
Acts 1987, ch. 436, § 3; 1988, ch. 987, § 2; 1989, ch. 142, §1; 1990, ch. 816, §§1, 2; 1996, ch. 1009, §§8, 9; 1997 , ch. 118, §1; 1997 , ch. 137, §1; 1997 , ch. 274, § 1; 1998, ch. 865, §1; 2001, ch. 452, § 2; 2002, ch. 590, § 1; 2004, ch. 661, § 2; 2006, ch. 862, § 4; 2006, ch. 1013, § 5.
Tenn. Code Ann. § 62-6-111 — TN Code / Title 62 / Chapter 6 / Section 62-6-111
License and examination - Transfer of license
Status: in_force

(a) (1) (A) Anyone desiring to be licensed as a contractor for this state shall make written application to the board on forms prescribed by the board and shall furnish the board with an affidavit stating that the applicant is not currently performing any construction work and has not offered to engage in any construction work where the amount of the applicant's contract exceeds twenty-five thousand dollars ($25,000) or, in the case of a limited licensed electrician, where the amount of the applicant's contract is less than twenty-five thousand dollars ($25,000). The application shall be accompanied by an application fee as set by the board. The application shall also be accompanied by evidence of the applicant's current workers' compensation insurance coverage. Failure to provide evidence of insurance coverage shall make the applicant ineligible for licensure by the board until evidence of insurance coverage is provided. Any application for initial licensure or for renewal of licensure also shall be accompanied by an affidavit affirming that the applicant maintains general liability insurance and workers' compensation insurance and specifying the amount of the insurance as well as any other information the board may require. (B) (i) Anyone desiring to be licensed as a contractor for this state who resides in a state that does not practice reciprocity with licensees of the Tennessee board for licensing contractors shall make written application on forms prescribed by the board and shall attach an affidavit to the application stating that the applicant is not currently performing any construction work and has not offered to engage in any construction work in this state in which the amount of the applicant's contract exceeds two thousand five hundred dollars ($2,500) or, in the case of a limited licensed electrician, in which the amount of the applicant's contract exceeds twenty-five thousand dollars ($25,000). The application shall be accompanied by an application fee as set by the board. The application shall also be accompanied by evidence of the applicant's current workers' compensation insurance coverage. Failure to provide the evidence of insurance coverage shall make the applicant ineligible for licensure by the board until the evidence of insurance coverage is provided. Any application for initial licensure or for renewal of licensure also shall be accompanied by an affidavit affirming that the applicant maintains general liability insurance and workers' compensation insurance and specifying the amount of the insurance as well as any other information the board may require. (ii) Notwithstanding any reciprocity for contractors which may otherwise exist between states, any person desiring to perform contracting services in this state as a licensed masonry contractor whether residing in this state or another state shall not be authorized to perform any such services unless the person takes and passes the masonry examination required pursuant to subsection (a)(2). (2) Anyone desiring to be licensed as a contractor in this state shall take a written examination to determine the applicant's qualifications. This examination may be given orally at the discretion of the board if a written examination is precluded by reason of disability. Each applicant shall pay an examination fee for each written or oral examination. If the results of the examination constitute a passing score, then the applicant shall make a written application to the board in accordance with subdivision (a)(1). (3) If the results of the examination of any applicant are satisfactory to the board, then it shall issue to the applicant a certificate authorizing the applicant to operate as a contractor in this state. The board shall state the construction classifications in which the applicant is qualified to engage as a contractor and for each classification shall list the monetary limitations on the classification as determined by the board. (4) Whenever any applicant is advised to appear before the board for an interview and fails to appear at the scheduled time and place without notifying the board at least three (3) days in advance, the applicant shall pay an additional fee as set by the board before being rescheduled for an interview. In the event of failure to appear for an interview on three (3) separate occasions, a new application and fee are required. (b) (1) The board shall promulgate rules and regulations that establish uniform criteria to govern issuance by the board of the classifications and monetary limitations required by subdivision (a)(3). The board shall have discretionary authority in individual cases to modify the criteria for an applicant if the public safety and welfare clearly require modification and if the board furnishes the applicant with a written statement justifying modification. (2) The criteria so established by the board shall include, but not be limited to, a letter of reference from a past client, employer of the applicant or codes administration official, as well as a financial statement of the applicant. (3) If an applicant requests a monetary limitation of greater than three million dollars ($3,000,000), the applicant's financial statement shall be audited and attested to by a licensed public accountant or certified public accountant. (4) The financial statement of any applicant requesting a monetary limitation of three million dollars ($3,000,000) or less shall be either reviewed or audited by a licensed public accountant or certified public accountant. The board may, in its discretion, require the financial statement of the applicant be audited and attested to by a licensed public accountant or certified public accountant. (c) The issuance by the board of a certificate of license authorizing the licensee to engage in any major construction classification or classifications of contracting shall not authorize the licensee to engage in twenty-five thousand dollars ($25,000) or more of any other major construction classification or specialty classification under the major construction classification unless the licensee is additionally licensed in the other major construction classification or specialty classification under the major construction classification. (d) A contractor may bid on a contract requiring work in a classification or classifications other than the one in which the contractor is licensed if and only if the contractor has a commercial building contractor's license or if the contractor's license will permit the contractor to perform at least sixty percent (60%) of the bid amount or price of the work for the project being bid or priced; however, the contractor may not actually perform any work in excess of twenty-five thousand dollars ($25,000) or, in the case of a limited licensed electrician, where the amount of work is less than twenty-five thousand dollars ($25,000) in any classification unless the contractor has a license to perform work in that classification. (e) (1) Whenever a partnership licensed as a contractor dissolves, no former member of the partnership shall further undertake contracting before filing a new application with the board and receiving a license. (2) In the case of a merger, purchase by nonstockholders of the majority interest or reorganization pursuant to a bankruptcy proceeding of any licensee engaged in contracting, the licensee shall make written application to the board and obtain a new license before undertaking contracting. (f) (1) Upon application of any individual who was formerly a partner in a dissolved partnership, the board shall transfer to the individual the license formerly held by the partnership upon a showing that: (A) The individual was a partner in a dissolved partnership; (B) The current financial statement of the individual meets the requirements promulgated by the board. If the financial statement fails to meet the requirements, the board may in its sole discretion modify the monetary limitation prior to transfer; and (C) All liabilities of the partnership were satisfied prior to dissolution or will be satisfied by the individual. (2) The board shall collect a fee as set by the board for transferring the license. (g) (1) The board shall transfer, upon application and payment of a fee as set by the board, by any proprietorship or partnership that subsequently incorporates as a Tennessee corporation, the license formerly held by the proprietorship or partnership to the corporation upon a showing that: (A) The officers or directors or management of the corporation were the owners or managers of the proprietorship or partnership; (B) A copy of the corporation's charter has been filed with the board; (C) The partnership or proprietorship is currently in good standing with the board; (D) The current financial statement of the corporation meets the requirements promulgated by the board. If the financial statement fails to meet the requirements, the board may in its sole discretion modify the monetary limitation prior to transfer; and (E) All liabilities of the proprietorship or partnership were satisfied prior to incorporation or will be satisfied by the corporation. (2) The board shall develop an application for the transfer of licenses. (h) Notwithstanding § 56-1-302(a)(7) to the contrary, all revenues generated from licensing fees, penalties, or interest shall be allocated solely to the board for licensing contractors to be utilized for: (1) The administration and enforcement of this part; and (2) The purposes set forth in the Go Build Tennessee Act, compiled in title 4, chapter 41. (i) (1) Notwithstanding any law to the contrary, the board may issue a license to any person who establishes the person's competency in any classification by successfully passing a proficiency test or examination for measurement of industry expertise in such work that is administered by the board; and the license shall authorize the licensee to engage in contracting in this state or any of its political subdivisions. (2) The licensee shall be eligible to contract for such work in any county or municipality upon: (A) Exhibiting evidence of a current certificate of license to the appropriate local officials; (B) Paying any local licensing fees in effect on May 8, 1992; and (C) Paying any inspection or permit fees customarily required by any county or municipality for such work. No county or municipality shall require the state licensee or its employees to pass any county or municipal test or examination; nor shall a county or municipality impose any additional requirements upon the state licensee or its employees, nor in any way discriminate against the state licensee or its employees on the basis of the licensee's nonresidency within the county or municipality. (j) (1) Notwithstanding any law to the contrary, the board may issue a license as a limited licensed electrician to any individual without an examination as required by this part, except as provided in subdivision (j)(3), if the individual makes an application to the board in which the following information is provided: (A) On September 1, 2000, the applicant was registered in accordance with § 68-102-150 ; and (B) Evidence that all fees and taxes relative to the operation of the applicant's electrical work have been paid to the appropriate agencies when the application is filed under this subsection (j); or (C) A current license or certificate issued by any county or municipality of this state prior to September 1, 2000, that is evidence that the applicant had by examination by an official of the county or municipality demonstrated the qualifications required to perform the electrical contract work within its jurisdiction and was actively engaged in that business on September 1, 2000. (2) An application for a license under subdivision (j)(1)(A), (j)(1)(B) or (j)(1)(C) shall be filed with the board by July 1, 2001. If a license issued to a limited licensed electrician pursuant to subdivision (j)(1)(A), (j)(1)(B) or (j)(1)(C) is not periodically renewed as provided by this part, then the limited licensed electrician shall be eligible for a license only after the satisfactory completion of the examination required by the board for initial applications. (3) Any individual who is licensed as a limited licensed electrician under subdivisions (j)(1)(A) and (B) shall be required to have satisfactorily completed the examination of the board to engage in business as a limited licensed electrician in any county or municipality that is within subdivision (j)(1)(C). (4) Any person who performs electrical work and who is subject to licensure as a limited licensed electrician shall apply to the board for a license. To receive a license, the applicant shall pay a fee as set by the board for the license and shall pass an examination prescribed by the board. The board may administer the examination or may contract for the administration of the examination. (5) Notwithstanding any provision of this part to the contrary, a license as a limited licensed electrician shall not be required in any municipality or county that issues licenses to persons who perform electrical work in the municipality or county. (6) Any limited licensed electrician requesting an electrical inspection must first have a license from the board for licensing contractors as required by § 62-6-103 . (7) Any person with knowledge of faulty electrical work performed by a limited licensed electrician must report the electrician to the state board for licensing contractors, which may initiate proceedings against the electrician for the faulty work. (8) The board for licensing contractors may revoke or suspend the license of a limited licensed electrician for faulty electrical work performed by the licensee. (9) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this section. (10) The state fire marshal and board for licensing contractors shall formulate a system for inspectors to report to the board any problems they may encounter with the workmanship of a limited licensed electrician. The system shall include the use of inspectors who are employed by the board under § 62-6-107(b) . (11) Any person who holds a current, unexpired license as a limited licensed electrician issued by the board shall be deemed to have met the registration requirements of § 68-102-150 . (k) (1) A licensee may request the board to consider revision of the licensee's classification or classifications or monetary limitation or limitations, or both, at any of its regular meetings. The request shall be made by letter, which shall be accompanied by financial, equipment and experience statements relative to the classification request accurate as of no more than twelve (12) months prior to the date of the request. The request must be received in the office of the board by the last day of the month before the month in which it is to be considered. (2) If an applicant requests a change in monetary limitation to an amount of three million dollars ($3,000,000) or less, the applicant shall submit a financial statement that has been reviewed or audited by a licensed public accountant or certified public accountant. If an applicant requests a change in monetary limitation to an amount greater than three million dollars ($3,000,000), the applicant shall submit a financial statement that has been audited and attested to by a licensed public accountant or certified public accountant. (3) The board reserves the right to require examination pursuant to a request for change of classification. The board further reserves the right to consider a request for change of classification or limitation at any time, if consideration of the request at the regularly scheduled meeting would cause an undue hardship on the owner and be in the best interest of the public safety and welfare. (4) Increases within the first year will not be allowed without special permission from the board. (l) Notwithstanding any other law, rule or regulation to the contrary, to qualify for the Tennessee mechanical plumbing (CMC-A) license examination, a person must have three (3) years' experience as a plumber prior to taking the examination or have an engineering degree in plumbing or in a mechanical field. (m) The board shall deny any application for licensure as a contractor if the board determines that the name under which the applicant will be trading is identical with the name being used by an existing licensee, or is so nearly similar to the name being used by an existing licensee that it is likely to cause confusion on the part of the public at large. This subsection (m) shall not apply to any applicant who has acquired an exclusive right to use the name as a registered trademark pursuant to 15 U.S.C. § 1051 . Amended by 2017 Tenn. Acts, ch. 454, s 4, eff. 5/25/2017. Amended by 2017 Tenn. Acts, ch. 237, s 1, eff. 4/28/2017. Amended by 2015 Tenn. Acts, ch. 500, s 2, eff. 5/20/2015. Amended by 2014 Tenn. Acts, ch. 528, s 1, eff. 3/12/2014. Acts 1976, ch. 822, § 12; 1977, ch. 101, § 2; 1977, ch. 406, § 2; 1979, ch. 59, § 5; 1980, ch. 652, §§ 2, 4; 1981, ch. 497, §§ 1, 3, 4; T.C.A., § 62-612; Acts 1984, ch. 888, §§ 1, 2; 1985, ch. 245, § 2; 1986, ch. 657, § 1; 1986, ch. 718, § 1; 1988, ch. 758, §§ 3-6, 8; 1989, ch. 487, §§ 4-9; 1989, ch. 523, §§ 135-139; 1991, ch. 217, § 2; 1992, ch. 909, §§ 1, 2; 1993, ch. 395, § 1; 1994, ch. 986, §§ 5-8; 1999, ch. 238, §§ 4, 5, 7; 2000, ch. 876, §§ 2 - 11; 2004, ch. 516, §§ 1, 2; 2005, ch. 133, § 1; 2007 , ch. 130, § 1; 2007 , ch. 219, § 1; 2007 , ch. 460, §§ 4, 5; 2008 , ch. 904, § 1; 2010 , ch. 950, § 6.
(a) (1) (A) Anyone desiring to be licensed as a contractor for this state shall make written application to the board on forms prescribed by the board and shall furnish the board with an affidavit stating that the applicant is not currently performing any construction work and has not offered to engage in any construction work where the amount of the applicant's contract exceeds twenty-five thousand dollars ($25,000) or, in the case of a limited licensed electrician, where the amount of the applicant's contract is less than twenty-five thousand dollars ($25,000). The application shall be accompanied by an application fee as set by the board. The application shall also be accompanied by evidence of the applicant's current workers' compensation insurance coverage. Failure to provide evidence of insurance coverage shall make the applicant ineligible for licensure by the board until evidence of insurance coverage is provided. Any application for initial licensure or for renewal of licensure also shall be accompanied by an affidavit affirming that the applicant maintains general liability insurance and workers' compensation insurance and specifying the amount of the insurance as well as any other information the board may require. (B) (i) Anyone desiring to be licensed as a contractor for this state who resides in a state that does not practice reciprocity with licensees of the Tennessee board for licensing contractors shall make written application on forms prescribed by the board and shall attach an affidavit to the application stating that the applicant is not currently performing any construction work and has not offered to engage in any construction work in this state in which the amount of the applicant's contract exceeds two thousand five hundred dollars ($2,500) or, in the case of a limited licensed electrician, in which the amount of the applicant's contract exceeds twenty-five thousand dollars ($25,000). The application shall be accompanied by an application fee as set by the board. The application shall also be accompanied by evidence of the applicant's current workers' compensation insurance coverage. Failure to provide the evidence of insurance coverage shall make the applicant ineligible for licensure by the board until the evidence of insurance coverage is provided. Any application for initial licensure or for renewal of licensure also shall be accompanied by an affidavit affirming that the applicant maintains general liability insurance and workers' compensation insurance and specifying the amount of the insurance as well as any other information the board may require. (ii) Notwithstanding any reciprocity for contractors which may otherwise exist between states, any person desiring to perform contracting services in this state as a licensed masonry contractor whether residing in this state or another state shall not be authorized to perform any such services unless the person takes and passes the masonry examination required pursuant to subsection (a)(2). (2) Anyone desiring to be licensed as a contractor in this state shall take a written examination to determine the applicant's qualifications. This examination may be given orally at the discretion of the board if a written examination is precluded by reason of disability. Each applicant shall pay an examination fee for each written or oral examination. If the results of the examination constitute a passing score, then the applicant shall make a written application to the board in accordance with subdivision (a)(1). (3) If the results of the examination of any applicant are satisfactory to the board, then it shall issue to the applicant a certificate authorizing the applicant to operate as a contractor in this state. The board shall state the construction classifications in which the applicant is qualified to engage as a contractor and for each classification shall list the monetary limitations on the classification as determined by the board. (4) Whenever any applicant is advised to appear before the board for an interview and fails to appear at the scheduled time and place without notifying the board at least three (3) days in advance, the applicant shall pay an additional fee as set by the board before being rescheduled for an interview. In the event of failure to appear for an interview on three (3) separate occasions, a new application and fee are required.
(1) (A) Anyone desiring to be licensed as a contractor for this state shall make written application to the board on forms prescribed by the board and shall furnish the board with an affidavit stating that the applicant is not currently performing any construction work and has not offered to engage in any construction work where the amount of the applicant's contract exceeds twenty-five thousand dollars ($25,000) or, in the case of a limited licensed electrician, where the amount of the applicant's contract is less than twenty-five thousand dollars ($25,000). The application shall be accompanied by an application fee as set by the board. The application shall also be accompanied by evidence of the applicant's current workers' compensation insurance coverage. Failure to provide evidence of insurance coverage shall make the applicant ineligible for licensure by the board until evidence of insurance coverage is provided. Any application for initial licensure or for renewal of licensure also shall be accompanied by an affidavit affirming that the applicant maintains general liability insurance and workers' compensation insurance and specifying the amount of the insurance as well as any other information the board may require. (B) (i) Anyone desiring to be licensed as a contractor for this state who resides in a state that does not practice reciprocity with licensees of the Tennessee board for licensing contractors shall make written application on forms prescribed by the board and shall attach an affidavit to the application stating that the applicant is not currently performing any construction work and has not offered to engage in any construction work in this state in which the amount of the applicant's contract exceeds two thousand five hundred dollars ($2,500) or, in the case of a limited licensed electrician, in which the amount of the applicant's contract exceeds twenty-five thousand dollars ($25,000). The application shall be accompanied by an application fee as set by the board. The application shall also be accompanied by evidence of the applicant's current workers' compensation insurance coverage. Failure to provide the evidence of insurance coverage shall make the applicant ineligible for licensure by the board until the evidence of insurance coverage is provided. Any application for initial licensure or for renewal of licensure also shall be accompanied by an affidavit affirming that the applicant maintains general liability insurance and workers' compensation insurance and specifying the amount of the insurance as well as any other information the board may require. (ii) Notwithstanding any reciprocity for contractors which may otherwise exist between states, any person desiring to perform contracting services in this state as a licensed masonry contractor whether residing in this state or another state shall not be authorized to perform any such services unless the person takes and passes the masonry examination required pursuant to subsection (a)(2).
(A) Anyone desiring to be licensed as a contractor for this state shall make written application to the board on forms prescribed by the board and shall furnish the board with an affidavit stating that the applicant is not currently performing any construction work and has not offered to engage in any construction work where the amount of the applicant's contract exceeds twenty-five thousand dollars ($25,000) or, in the case of a limited licensed electrician, where the amount of the applicant's contract is less than twenty-five thousand dollars ($25,000). The application shall be accompanied by an application fee as set by the board. The application shall also be accompanied by evidence of the applicant's current workers' compensation insurance coverage. Failure to provide evidence of insurance coverage shall make the applicant ineligible for licensure by the board until evidence of insurance coverage is provided. Any application for initial licensure or for renewal of licensure also shall be accompanied by an affidavit affirming that the applicant maintains general liability insurance and workers' compensation insurance and specifying the amount of the insurance as well as any other information the board may require.
(B) (i) Anyone desiring to be licensed as a contractor for this state who resides in a state that does not practice reciprocity with licensees of the Tennessee board for licensing contractors shall make written application on forms prescribed by the board and shall attach an affidavit to the application stating that the applicant is not currently performing any construction work and has not offered to engage in any construction work in this state in which the amount of the applicant's contract exceeds two thousand five hundred dollars ($2,500) or, in the case of a limited licensed electrician, in which the amount of the applicant's contract exceeds twenty-five thousand dollars ($25,000). The application shall be accompanied by an application fee as set by the board. The application shall also be accompanied by evidence of the applicant's current workers' compensation insurance coverage. Failure to provide the evidence of insurance coverage shall make the applicant ineligible for licensure by the board until the evidence of insurance coverage is provided. Any application for initial licensure or for renewal of licensure also shall be accompanied by an affidavit affirming that the applicant maintains general liability insurance and workers' compensation insurance and specifying the amount of the insurance as well as any other information the board may require. (ii) Notwithstanding any reciprocity for contractors which may otherwise exist between states, any person desiring to perform contracting services in this state as a licensed masonry contractor whether residing in this state or another state shall not be authorized to perform any such services unless the person takes and passes the masonry examination required pursuant to subsection (a)(2).
(i) Anyone desiring to be licensed as a contractor for this state who resides in a state that does not practice reciprocity with licensees of the Tennessee board for licensing contractors shall make written application on forms prescribed by the board and shall attach an affidavit to the application stating that the applicant is not currently performing any construction work and has not offered to engage in any construction work in this state in which the amount of the applicant's contract exceeds two thousand five hundred dollars ($2,500) or, in the case of a limited licensed electrician, in which the amount of the applicant's contract exceeds twenty-five thousand dollars ($25,000). The application shall be accompanied by an application fee as set by the board. The application shall also be accompanied by evidence of the applicant's current workers' compensation insurance coverage. Failure to provide the evidence of insurance coverage shall make the applicant ineligible for licensure by the board until the evidence of insurance coverage is provided. Any application for initial licensure or for renewal of licensure also shall be accompanied by an affidavit affirming that the applicant maintains general liability insurance and workers' compensation insurance and specifying the amount of the insurance as well as any other information the board may require.
(ii) Notwithstanding any reciprocity for contractors which may otherwise exist between states, any person desiring to perform contracting services in this state as a licensed masonry contractor whether residing in this state or another state shall not be authorized to perform any such services unless the person takes and passes the masonry examination required pursuant to subsection (a)(2).
(2) Anyone desiring to be licensed as a contractor in this state shall take a written examination to determine the applicant's qualifications. This examination may be given orally at the discretion of the board if a written examination is precluded by reason of disability. Each applicant shall pay an examination fee for each written or oral examination. If the results of the examination constitute a passing score, then the applicant shall make a written application to the board in accordance with subdivision (a)(1).
(3) If the results of the examination of any applicant are satisfactory to the board, then it shall issue to the applicant a certificate authorizing the applicant to operate as a contractor in this state. The board shall state the construction classifications in which the applicant is qualified to engage as a contractor and for each classification shall list the monetary limitations on the classification as determined by the board.
(4) Whenever any applicant is advised to appear before the board for an interview and fails to appear at the scheduled time and place without notifying the board at least three (3) days in advance, the applicant shall pay an additional fee as set by the board before being rescheduled for an interview. In the event of failure to appear for an interview on three (3) separate occasions, a new application and fee are required.
(b) (1) The board shall promulgate rules and regulations that establish uniform criteria to govern issuance by the board of the classifications and monetary limitations required by subdivision (a)(3). The board shall have discretionary authority in individual cases to modify the criteria for an applicant if the public safety and welfare clearly require modification and if the board furnishes the applicant with a written statement justifying modification. (2) The criteria so established by the board shall include, but not be limited to, a letter of reference from a past client, employer of the applicant or codes administration official, as well as a financial statement of the applicant. (3) If an applicant requests a monetary limitation of greater than three million dollars ($3,000,000), the applicant's financial statement shall be audited and attested to by a licensed public accountant or certified public accountant. (4) The financial statement of any applicant requesting a monetary limitation of three million dollars ($3,000,000) or less shall be either reviewed or audited by a licensed public accountant or certified public accountant. The board may, in its discretion, require the financial statement of the applicant be audited and attested to by a licensed public accountant or certified public accountant.
(1) The board shall promulgate rules and regulations that establish uniform criteria to govern issuance by the board of the classifications and monetary limitations required by subdivision (a)(3). The board shall have discretionary authority in individual cases to modify the criteria for an applicant if the public safety and welfare clearly require modification and if the board furnishes the applicant with a written statement justifying modification.
(2) The criteria so established by the board shall include, but not be limited to, a letter of reference from a past client, employer of the applicant or codes administration official, as well as a financial statement of the applicant.
(3) If an applicant requests a monetary limitation of greater than three million dollars ($3,000,000), the applicant's financial statement shall be audited and attested to by a licensed public accountant or certified public accountant.
(4) The financial statement of any applicant requesting a monetary limitation of three million dollars ($3,000,000) or less shall be either reviewed or audited by a licensed public accountant or certified public accountant. The board may, in its discretion, require the financial statement of the applicant be audited and attested to by a licensed public accountant or certified public accountant.
(c) The issuance by the board of a certificate of license authorizing the licensee to engage in any major construction classification or classifications of contracting shall not authorize the licensee to engage in twenty-five thousand dollars ($25,000) or more of any other major construction classification or specialty classification under the major construction classification unless the licensee is additionally licensed in the other major construction classification or specialty classification under the major construction classification.
(d) A contractor may bid on a contract requiring work in a classification or classifications other than the one in which the contractor is licensed if and only if the contractor has a commercial building contractor's license or if the contractor's license will permit the contractor to perform at least sixty percent (60%) of the bid amount or price of the work for the project being bid or priced; however, the contractor may not actually perform any work in excess of twenty-five thousand dollars ($25,000) or, in the case of a limited licensed electrician, where the amount of work is less than twenty-five thousand dollars ($25,000) in any classification unless the contractor has a license to perform work in that classification.
(e) (1) Whenever a partnership licensed as a contractor dissolves, no former member of the partnership shall further undertake contracting before filing a new application with the board and receiving a license. (2) In the case of a merger, purchase by nonstockholders of the majority interest or reorganization pursuant to a bankruptcy proceeding of any licensee engaged in contracting, the licensee shall make written application to the board and obtain a new license before undertaking contracting.
(1) Whenever a partnership licensed as a contractor dissolves, no former member of the partnership shall further undertake contracting before filing a new application with the board and receiving a license.
(2) In the case of a merger, purchase by nonstockholders of the majority interest or reorganization pursuant to a bankruptcy proceeding of any licensee engaged in contracting, the licensee shall make written application to the board and obtain a new license before undertaking contracting.
(f) (1) Upon application of any individual who was formerly a partner in a dissolved partnership, the board shall transfer to the individual the license formerly held by the partnership upon a showing that: (A) The individual was a partner in a dissolved partnership; (B) The current financial statement of the individual meets the requirements promulgated by the board. If the financial statement fails to meet the requirements, the board may in its sole discretion modify the monetary limitation prior to transfer; and (C) All liabilities of the partnership were satisfied prior to dissolution or will be satisfied by the individual. (2) The board shall collect a fee as set by the board for transferring the license.
(1) Upon application of any individual who was formerly a partner in a dissolved partnership, the board shall transfer to the individual the license formerly held by the partnership upon a showing that: (A) The individual was a partner in a dissolved partnership; (B) The current financial statement of the individual meets the requirements promulgated by the board. If the financial statement fails to meet the requirements, the board may in its sole discretion modify the monetary limitation prior to transfer; and (C) All liabilities of the partnership were satisfied prior to dissolution or will be satisfied by the individual.
(A) The individual was a partner in a dissolved partnership;
(B) The current financial statement of the individual meets the requirements promulgated by the board. If the financial statement fails to meet the requirements, the board may in its sole discretion modify the monetary limitation prior to transfer; and
(C) All liabilities of the partnership were satisfied prior to dissolution or will be satisfied by the individual.
(2) The board shall collect a fee as set by the board for transferring the license.
(g) (1) The board shall transfer, upon application and payment of a fee as set by the board, by any proprietorship or partnership that subsequently incorporates as a Tennessee corporation, the license formerly held by the proprietorship or partnership to the corporation upon a showing that: (A) The officers or directors or management of the corporation were the owners or managers of the proprietorship or partnership; (B) A copy of the corporation's charter has been filed with the board; (C) The partnership or proprietorship is currently in good standing with the board; (D) The current financial statement of the corporation meets the requirements promulgated by the board. If the financial statement fails to meet the requirements, the board may in its sole discretion modify the monetary limitation prior to transfer; and (E) All liabilities of the proprietorship or partnership were satisfied prior to incorporation or will be satisfied by the corporation. (2) The board shall develop an application for the transfer of licenses.
(1) The board shall transfer, upon application and payment of a fee as set by the board, by any proprietorship or partnership that subsequently incorporates as a Tennessee corporation, the license formerly held by the proprietorship or partnership to the corporation upon a showing that: (A) The officers or directors or management of the corporation were the owners or managers of the proprietorship or partnership; (B) A copy of the corporation's charter has been filed with the board; (C) The partnership or proprietorship is currently in good standing with the board; (D) The current financial statement of the corporation meets the requirements promulgated by the board. If the financial statement fails to meet the requirements, the board may in its sole discretion modify the monetary limitation prior to transfer; and (E) All liabilities of the proprietorship or partnership were satisfied prior to incorporation or will be satisfied by the corporation.
(A) The officers or directors or management of the corporation were the owners or managers of the proprietorship or partnership;
(B) A copy of the corporation's charter has been filed with the board;
(C) The partnership or proprietorship is currently in good standing with the board;
(D) The current financial statement of the corporation meets the requirements promulgated by the board. If the financial statement fails to meet the requirements, the board may in its sole discretion modify the monetary limitation prior to transfer; and
(E) All liabilities of the proprietorship or partnership were satisfied prior to incorporation or will be satisfied by the corporation.
(2) The board shall develop an application for the transfer of licenses.
(h) Notwithstanding § 56-1-302(a)(7) to the contrary, all revenues generated from licensing fees, penalties, or interest shall be allocated solely to the board for licensing contractors to be utilized for: (1) The administration and enforcement of this part; and (2) The purposes set forth in the Go Build Tennessee Act, compiled in title 4, chapter 41.
(1) The administration and enforcement of this part; and
(2) The purposes set forth in the Go Build Tennessee Act, compiled in title 4, chapter 41.
(i) (1) Notwithstanding any law to the contrary, the board may issue a license to any person who establishes the person's competency in any classification by successfully passing a proficiency test or examination for measurement of industry expertise in such work that is administered by the board; and the license shall authorize the licensee to engage in contracting in this state or any of its political subdivisions. (2) The licensee shall be eligible to contract for such work in any county or municipality upon: (A) Exhibiting evidence of a current certificate of license to the appropriate local officials; (B) Paying any local licensing fees in effect on May 8, 1992; and (C) Paying any inspection or permit fees customarily required by any county or municipality for such work. No county or municipality shall require the state licensee or its employees to pass any county or municipal test or examination; nor shall a county or municipality impose any additional requirements upon the state licensee or its employees, nor in any way discriminate against the state licensee or its employees on the basis of the licensee's nonresidency within the county or municipality.
(1) Notwithstanding any law to the contrary, the board may issue a license to any person who establishes the person's competency in any classification by successfully passing a proficiency test or examination for measurement of industry expertise in such work that is administered by the board; and the license shall authorize the licensee to engage in contracting in this state or any of its political subdivisions.
(2) The licensee shall be eligible to contract for such work in any county or municipality upon: (A) Exhibiting evidence of a current certificate of license to the appropriate local officials; (B) Paying any local licensing fees in effect on May 8, 1992; and (C) Paying any inspection or permit fees customarily required by any county or municipality for such work. No county or municipality shall require the state licensee or its employees to pass any county or municipal test or examination; nor shall a county or municipality impose any additional requirements upon the state licensee or its employees, nor in any way discriminate against the state licensee or its employees on the basis of the licensee's nonresidency within the county or municipality.
(A) Exhibiting evidence of a current certificate of license to the appropriate local officials;
(B) Paying any local licensing fees in effect on May 8, 1992; and
(C) Paying any inspection or permit fees customarily required by any county or municipality for such work. No county or municipality shall require the state licensee or its employees to pass any county or municipal test or examination; nor shall a county or municipality impose any additional requirements upon the state licensee or its employees, nor in any way discriminate against the state licensee or its employees on the basis of the licensee's nonresidency within the county or municipality.
(j) (1) Notwithstanding any law to the contrary, the board may issue a license as a limited licensed electrician to any individual without an examination as required by this part, except as provided in subdivision (j)(3), if the individual makes an application to the board in which the following information is provided: (A) On September 1, 2000, the applicant was registered in accordance with § 68-102-150 ; and (B) Evidence that all fees and taxes relative to the operation of the applicant's electrical work have been paid to the appropriate agencies when the application is filed under this subsection (j); or (C) A current license or certificate issued by any county or municipality of this state prior to September 1, 2000, that is evidence that the applicant had by examination by an official of the county or municipality demonstrated the qualifications required to perform the electrical contract work within its jurisdiction and was actively engaged in that business on September 1, 2000. (2) An application for a license under subdivision (j)(1)(A), (j)(1)(B) or (j)(1)(C) shall be filed with the board by July 1, 2001. If a license issued to a limited licensed electrician pursuant to subdivision (j)(1)(A), (j)(1)(B) or (j)(1)(C) is not periodically renewed as provided by this part, then the limited licensed electrician shall be eligible for a license only after the satisfactory completion of the examination required by the board for initial applications. (3) Any individual who is licensed as a limited licensed electrician under subdivisions (j)(1)(A) and (B) shall be required to have satisfactorily completed the examination of the board to engage in business as a limited licensed electrician in any county or municipality that is within subdivision (j)(1)(C). (4) Any person who performs electrical work and who is subject to licensure as a limited licensed electrician shall apply to the board for a license. To receive a license, the applicant shall pay a fee as set by the board for the license and shall pass an examination prescribed by the board. The board may administer the examination or may contract for the administration of the examination. (5) Notwithstanding any provision of this part to the contrary, a license as a limited licensed electrician shall not be required in any municipality or county that issues licenses to persons who perform electrical work in the municipality or county. (6) Any limited licensed electrician requesting an electrical inspection must first have a license from the board for licensing contractors as required by § 62-6-103 . (7) Any person with knowledge of faulty electrical work performed by a limited licensed electrician must report the electrician to the state board for licensing contractors, which may initiate proceedings against the electrician for the faulty work. (8) The board for licensing contractors may revoke or suspend the license of a limited licensed electrician for faulty electrical work performed by the licensee. (9) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this section. (10) The state fire marshal and board for licensing contractors shall formulate a system for inspectors to report to the board any problems they may encounter with the workmanship of a limited licensed electrician. The system shall include the use of inspectors who are employed by the board under § 62-6-107(b) . (11) Any person who holds a current, unexpired license as a limited licensed electrician issued by the board shall be deemed to have met the registration requirements of § 68-102-150 .
(1) Notwithstanding any law to the contrary, the board may issue a license as a limited licensed electrician to any individual without an examination as required by this part, except as provided in subdivision (j)(3), if the individual makes an application to the board in which the following information is provided: (A) On September 1, 2000, the applicant was registered in accordance with § 68-102-150 ; and (B) Evidence that all fees and taxes relative to the operation of the applicant's electrical work have been paid to the appropriate agencies when the application is filed under this subsection (j); or (C) A current license or certificate issued by any county or municipality of this state prior to September 1, 2000, that is evidence that the applicant had by examination by an official of the county or municipality demonstrated the qualifications required to perform the electrical contract work within its jurisdiction and was actively engaged in that business on September 1, 2000.
(A) On September 1, 2000, the applicant was registered in accordance with § 68-102-150 ; and
(B) Evidence that all fees and taxes relative to the operation of the applicant's electrical work have been paid to the appropriate agencies when the application is filed under this subsection (j); or
(C) A current license or certificate issued by any county or municipality of this state prior to September 1, 2000, that is evidence that the applicant had by examination by an official of the county or municipality demonstrated the qualifications required to perform the electrical contract work within its jurisdiction and was actively engaged in that business on September 1, 2000.
(2) An application for a license under subdivision (j)(1)(A), (j)(1)(B) or (j)(1)(C) shall be filed with the board by July 1, 2001. If a license issued to a limited licensed electrician pursuant to subdivision (j)(1)(A), (j)(1)(B) or (j)(1)(C) is not periodically renewed as provided by this part, then the limited licensed electrician shall be eligible for a license only after the satisfactory completion of the examination required by the board for initial applications.
(3) Any individual who is licensed as a limited licensed electrician under subdivisions (j)(1)(A) and (B) shall be required to have satisfactorily completed the examination of the board to engage in business as a limited licensed electrician in any county or municipality that is within subdivision (j)(1)(C).
(4) Any person who performs electrical work and who is subject to licensure as a limited licensed electrician shall apply to the board for a license. To receive a license, the applicant shall pay a fee as set by the board for the license and shall pass an examination prescribed by the board. The board may administer the examination or may contract for the administration of the examination.
(5) Notwithstanding any provision of this part to the contrary, a license as a limited licensed electrician shall not be required in any municipality or county that issues licenses to persons who perform electrical work in the municipality or county.
(6) Any limited licensed electrician requesting an electrical inspection must first have a license from the board for licensing contractors as required by § 62-6-103 .
(7) Any person with knowledge of faulty electrical work performed by a limited licensed electrician must report the electrician to the state board for licensing contractors, which may initiate proceedings against the electrician for the faulty work.
(8) The board for licensing contractors may revoke or suspend the license of a limited licensed electrician for faulty electrical work performed by the licensee.
(9) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this section.
(10) The state fire marshal and board for licensing contractors shall formulate a system for inspectors to report to the board any problems they may encounter with the workmanship of a limited licensed electrician. The system shall include the use of inspectors who are employed by the board under § 62-6-107(b) .
(11) Any person who holds a current, unexpired license as a limited licensed electrician issued by the board shall be deemed to have met the registration requirements of § 68-102-150 .
(k) (1) A licensee may request the board to consider revision of the licensee's classification or classifications or monetary limitation or limitations, or both, at any of its regular meetings. The request shall be made by letter, which shall be accompanied by financial, equipment and experience statements relative to the classification request accurate as of no more than twelve (12) months prior to the date of the request. The request must be received in the office of the board by the last day of the month before the month in which it is to be considered. (2) If an applicant requests a change in monetary limitation to an amount of three million dollars ($3,000,000) or less, the applicant shall submit a financial statement that has been reviewed or audited by a licensed public accountant or certified public accountant. If an applicant requests a change in monetary limitation to an amount greater than three million dollars ($3,000,000), the applicant shall submit a financial statement that has been audited and attested to by a licensed public accountant or certified public accountant. (3) The board reserves the right to require examination pursuant to a request for change of classification. The board further reserves the right to consider a request for change of classification or limitation at any time, if consideration of the request at the regularly scheduled meeting would cause an undue hardship on the owner and be in the best interest of the public safety and welfare. (4) Increases within the first year will not be allowed without special permission from the board.
(1) A licensee may request the board to consider revision of the licensee's classification or classifications or monetary limitation or limitations, or both, at any of its regular meetings. The request shall be made by letter, which shall be accompanied by financial, equipment and experience statements relative to the classification request accurate as of no more than twelve (12) months prior to the date of the request. The request must be received in the office of the board by the last day of the month before the month in which it is to be considered.
(2) If an applicant requests a change in monetary limitation to an amount of three million dollars ($3,000,000) or less, the applicant shall submit a financial statement that has been reviewed or audited by a licensed public accountant or certified public accountant. If an applicant requests a change in monetary limitation to an amount greater than three million dollars ($3,000,000), the applicant shall submit a financial statement that has been audited and attested to by a licensed public accountant or certified public accountant.
(3) The board reserves the right to require examination pursuant to a request for change of classification. The board further reserves the right to consider a request for change of classification or limitation at any time, if consideration of the request at the regularly scheduled meeting would cause an undue hardship on the owner and be in the best interest of the public safety and welfare.
(4) Increases within the first year will not be allowed without special permission from the board.
(l) Notwithstanding any other law, rule or regulation to the contrary, to qualify for the Tennessee mechanical plumbing (CMC-A) license examination, a person must have three (3) years' experience as a plumber prior to taking the examination or have an engineering degree in plumbing or in a mechanical field.
(m) The board shall deny any application for licensure as a contractor if the board determines that the name under which the applicant will be trading is identical with the name being used by an existing licensee, or is so nearly similar to the name being used by an existing licensee that it is likely to cause confusion on the part of the public at large. This subsection (m) shall not apply to any applicant who has acquired an exclusive right to use the name as a registered trademark pursuant to 15 U.S.C. § 1051 .
Amended by 2017 Tenn. Acts, ch. 454, s 4, eff. 5/25/2017.
Amended by 2017 Tenn. Acts, ch. 237, s 1, eff. 4/28/2017.
Amended by 2015 Tenn. Acts, ch. 500, s 2, eff. 5/20/2015.
Amended by 2014 Tenn. Acts, ch. 528, s 1, eff. 3/12/2014.
Acts 1976, ch. 822, § 12; 1977, ch. 101, § 2; 1977, ch. 406, § 2; 1979, ch. 59, § 5; 1980, ch. 652, §§ 2, 4; 1981, ch. 497, §§ 1, 3, 4; T.C.A., § 62-612; Acts 1984, ch. 888, §§ 1, 2; 1985, ch. 245, § 2; 1986, ch. 657, § 1; 1986, ch. 718, § 1; 1988, ch. 758, §§ 3-6, 8; 1989, ch. 487, §§ 4-9; 1989, ch. 523, §§ 135-139; 1991, ch. 217, § 2; 1992, ch. 909, §§ 1, 2; 1993, ch. 395, § 1; 1994, ch. 986, §§ 5-8; 1999, ch. 238, §§ 4, 5, 7; 2000, ch. 876, §§ 2 - 11; 2004, ch. 516, §§ 1, 2; 2005, ch. 133, § 1; 2007 , ch. 130, § 1; 2007 , ch. 219, § 1; 2007 , ch. 460, §§ 4, 5; 2008 , ch. 904, § 1; 2010 , ch. 950, § 6.
Tenn. Code Ann. § 62-13-104 — TN Code / Title 62 / Chapter 13 / Section 62-13-104
Exemptions - Firm licenses for vacation lodging services
Status: in_force

(a) (1) This chapter does not apply to: (A) An owner of real estate with respect to property owned or leased by such person; (B) An attorney-in-fact under a duly executed and recorded power of attorney from the owner or lessor; (C) The services rendered by an attorney at law in the performance of duties as an attorney at law; (D) A person acting as receiver, trustee in bankruptcy, administrator, executor or guardian, trustee acting under a trust agreement, deed of trust or will or while acting under a court order or instrument; (E) A resident manager for a broker or an owner, or employee of a broker, who manages an apartment building, duplex or residential complex where the person's duties are limited to supervision, exhibition of residential units, leasing or collection of security deposits and rentals from the property. The resident manager or employee shall not negotiate the amounts of security deposits or rentals and shall not negotiate any leases on behalf of the broker; or (F) A corporation, foreign or domestic, acting through an officer duly authorized to engage in a real estate transaction, where the transaction occurs as an incident to the management, lease, sale or other disposition of real estate owned by the corporation; however, this exemption does not apply to a person who performs an act described in § 62-13-102(4)(A) , either as a vocation or for compensation, if the amount of the compensation is dependent upon, or directly related to, the value of the real estate with respect to which the act is performed. (2) In addition, except as provided in subsection (b), no other provisions of this chapter or any rules and regulations promulgated pursuant thereto shall apply to vacation lodging services. (b) (1) As used in this section, unless the context otherwise requires: (A) "Designated agent" means an owner, principal, officer or upper level manager of a vacation lodging service firm; (B) "Person" means any natural person, corporation, company, partnership, firm or association; and (C) "Vacation lodging service" means any person that engages in the business of providing the services of management, marketing, booking and rental of residential units owned by others as sleeping accommodations furnished for pay to transients or travelers staying no more than fourteen (14) days. (2) Each vacation lodging service shall be required to have a vacation lodging service firm license but shall not be required to have a licensed real estate broker supervising the business. The application for the license shall be filed in the office of the real estate commission on forms that the commission may prescribe and shall be accompanied by a fee for the issuance of the license as specified in § 62-13-308 . (3) (A) Vacation lodging service firm licenses for vacation lodging services shall be granted to all applicants who bear a good reputation for honesty, trustworthiness, integrity and competence to transact the business of providing vacation lodging services in a manner to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. No license shall be denied any person because of race, color, religion, sex or national origin, handicap or familial status. (B) (i) Upon application for a firm license for a vacation lodging service and each renewal of the license, the firm shall designate one (1) individual from that firm who shall be individually licensed as a designated agent through the Tennessee real estate commission. Such designated agent shall be responsible for the completion of training programs to be taught by an individual in the vacation lodging services business or other person who meets qualifications set by the Tennessee real estate commission. Such training programs shall consist of instruction in the fundamentals of this subsection (b) and related topics. No person shall be licensed by the commission as a designated agent until such person completes the required eight-hour introductory course. (ii) Every two (2) years, as a requisite for the reissuance of a firm license for a vacation lodging service and for reissuance of the designated agent license, the firm shall furnish certification that the designated agent for the firm has completed eight (8) classroom hours in training programs approved by the commission. (iii) No examination shall be required for the issuance or renewal of a firm license for a vacation lodging service. (C) Upon application for a firm license for a vacation lodging service and each renewal of the license, the firm shall provide proof of the establishment of the firm's escrow account satisfactory to the commission. Every firm shall, in accordance with the rules promulgated by the commission under § 62-13-203 , keep an escrow or trustee account of funds deposited with the firm relating to vacation lodging services. The vacation lodging service shall maintain for a period of at least three (3) years accurate records of the account showing: (i) The depositor of the funds; (ii) The date of deposit; (iii) The payee of the funds; and (iv) Other pertinent information that the commission may require. (D) (i) No funds shall be distributed from the escrow/trustee account until the customer's stay is complete, unless the distribution is in accordance with terms disclosed to the renter in writing at the time of making the reservation or within a reasonable time thereafter not to exceed three (3) days, mailed to the renter through the United States postal service or transmitted to the renter via electronic mail, facsimile or other tangible form of communication. Commissions earned by the firm and the revenue due owners shall be disbursed at least monthly. Funds held in escrow shall be disbursed in a prompt manner without unreasonable delay. (ii) A vacation lodging service may be exempt from the requirements of subdivision (b)(3)(C) by submitting with its application for a firm license renewal an irrevocable letter of credit from a state or national bank or state or federal savings and loan association having its principal office in this state or any state or national bank or state or federal savings and loan association that has its principal office outside this state and that maintains one (1) or more branches in this state that are authorized to accept federally insured deposits. The terms and conditions of any irrevocable letter of credit shall be subject to the approval of the commission. At the discretion of the bank or savings and loan association, the form of the irrevocable letter of credit shall be provided by the bank or savings and loan association and may be based on either the Uniform Commercial Code, compiled in title 47, chapter 5, or the ICC Uniform Customs and Practice for Documentary Credits (UCP 500). In lieu of the irrevocable letter of credit, the commission is authorized to accept equivalent security. The irrevocable letter of credit or equivalent security shall be in the amount of the vacation lodging service's average advanced monthly deposits or other lesser amount that is reasonably determined by the commission to protect the renters and owners. The commission may draw upon the irrevocable letter of credit or equivalent security to reimburse renters or owners for funds owed to them by the vacation lodging service. The commission shall offer the vacation lodging service a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before drawing upon the irrevocable letter of credit or equivalent security if the vacation lodging service continues to maintain the letter of credit or equivalent security during the contested case hearing process. If the vacation lodging service does not continue to maintain the irrevocable letter of credit or equivalent security during the contested case hearing process and the irrevocable letter of credit or equivalent security is subject to expiring during the contested case hearing process, the commission may draw upon the irrevocable letter of credit or equivalent security before conducting the contested case hearing. Where the commission draws upon the irrevocable letter of credit or equivalent security before conducting a contested case hearing, the commission shall offer the vacation lodging service a prompt hearing to be conducted before it distributes the proceeds. A vacation lodging service firm working under an irrevocable letter of credit must submit satisfactory proof of such letter of credit by April 1 of each year. The commission may impose a penalty for failure to disclose such proof by such date. (4) All firm and designated agent licenses for vacation lodging services shall expire two (2) years from the date the license was issued or renewed. The firm license and the license for the designated agent for the firm, and all renewals thereof, shall expire at the same time. If a license is issued to a designated agent following the date the firm license is issued or renewed, the license for the designated agent shall be issued or renewed so that it expires on the date the license of the firm is to expire. The commission is authorized to pro-rate the license for the designated agent or extend the date for the renewal of such a license to ensure the licenses expire concurrently. The licenses must be renewed on or before the expiration date by remitting to the commission the fee as set by the commission together with proof of the existence of the firm's escrow account satisfactory to the commission and certification of satisfactory completion of training pursuant to subdivision (b)(3)(B). (5) Each vacation lodging service shall have an office at a fixed location with adequate facilities located to conform with zoning laws and ordinances. Within ten (10) days after any change of location of the office, the vacation lodging service shall notify the commission in writing of the new business address. (6) Whenever any lodging rental customer or lodging rental owner claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty or misconduct on the part of any licensee following the calling or engaging in the business of providing vacation lodging services files suit upon the claim against the licensee in any court of record in this state and recovers judgment on the claim, the court may, as a part of its judgment or decree in such cases, if it deems it a proper case in which so to do, revoke the certificate of license granted under this chapter; and the certificate of license shall not be reissued to the licensee except upon the consenting vote of six (6) members in favor of reissuance. (7) (A) The commission may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth a cause of action under this section, ascertain facts and, if warranted, hold a hearing for reprimand or for the suspension or revocation of a license. (B) The commission has the power to refuse a license for cause or to suspend or revoke a license where it has been obtained by false representation or by fraudulent act or conduct, or where a licensee, in performing or attempting to perform any of the acts mentioned in this section, is found guilty of: (i) Making any substantial and willful misrepresentation; (ii) Making any promise of a character likely to influence, persuade or induce any person to enter into any contract or agreement when the licensee could not or did not intend to keep the promise; (iii) Pursuing a continued and flagrant course of misrepresentation or making of false promises through other persons, any medium of advertising or otherwise; (iv) Misleading or untruthful advertising, including use of the term "realtor" by a person not authorized to do so, or using any other trade name, insignia or membership in any real estate association or organization of which the licensee is not a member. No vacation lodging service doing business under this subsection (b) may advertise or hold itself out as a full service real estate business. The authority of the business is limited to those activities described within this subsection (b); (v) Failing, within a reasonable time, to account for or to remit any moneys coming into the licensee's possession that belong to others; (vi) Failing to preserve for three (3) years accurate records of the firm's escrow account as prescribed by subdivision (b)(3)(C); (vii) Failing to furnish a copy of any contract to provide vacation lodging services to all signatories of the contract at the time of execution; (viii) Using or promoting the use of any contract to provide vacation lodging services for a residential unit that fails to specify a definite termination date; (ix) Being convicted in a court of competent jurisdiction of this or any other state or federal court of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud or any similar offense or offenses, or pleading guilty or nolo contendere to any such offense or offenses; (x) Violating any federal, state or municipal law prohibiting discrimination in the rental of real estate because of race, color, religion, sex or national origin; (xi) Violating this subsection (b) or the terms of any lawful order entered by the commission; (xii) Engaging in the unauthorized practice of law; or (xiii) Any conduct, whether of the same or of a different character from that specified in this subdivision (b)(7)(B), that constitutes improper, fraudulent or dishonest dealing. (C) The director of the division of regulatory boards or the director's duly authorized representatives may, at all reasonable hours, examine and copy the books, accounts, documents or records that are relevant to a determination of whether a licensee has properly maintained and disbursed funds from escrow or trustee accounts required in this subsection (b). In the case of refusal to permit the access accorded by this subsection (b), the director or the director's authorized representatives may pursue the remedies provided by § 4-5-311(b) for disobedience to any lawful agency requirement for information. Refusal shall also constitute grounds for the commission to suspend or revoke a license. (D) Whenever any licensee pleads guilty or is convicted of any criminal offense enumerated in this section, the licensee must within sixty (60) days notify the commission of that conviction and provide the commission with certified copies of the conviction. The licensee's license shall automatically be revoked sixty (60) days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that sixty-day period. Following any hearing held pursuant to this section, the commission in its discretion may impose upon that licensee any sanction permitted by this section. (8) (A) (i) Before refusing to issue a license or suspending or revoking an existing license upon the verified written complaint of any person setting out a cause of action under subdivision (b)(7), the commission shall, in writing, notify the accused applicant or licensee of its receipt of the complaint, enclosing a copy. (ii) The accused applicant or licensee shall, within ten (10) days, file with the commission the applicant's or licensee's answer to the complaint, a copy of which shall be transmitted to the complainant. (iii) If, after investigation, the commission determines that the matter should have a hearing, a time and place for the hearing shall be set. (B) All notices and answers required or authorized to be made or filed under this subsection (b) may be served or filed personally, or by registered mail, to the last known business address of the addressee. If served personally, the time shall run from the date of service and if by registered mail, from the postmarked date of the letter enclosing the document. (C) The affirmative vote of a majority of the commission shall be necessary to reprimand a licensee or revoke or suspend a license. (D) In the event that the matter contained in the complaint has been filed or made a part of a case pending in any court in this state, the commission may then withhold its decision until the court action has been concluded. (9) (A) If a designated agent, as designated by a vacation lodging service firm, leaves or moves from the vacation lodging service firm, the firm or designated agent for such firm must notify the Tennessee real estate commission within ten (10) days of such action. The vacation lodging service firm must replace the designated agent within sixty (60) days of such action and notify the commission of the name of the new designated agent. During such time period, all rules or regulations related to a vacation lodging service firm shall remain in full force and effect with respect to such a vacation lodging service firm until a designated agent is replaced. Any obligation or duty required to be fulfilled by the designated agent shall be fulfilled by another person in the vacation lodging service firm. (B) A designated agent may serve as a designated agent for multiple offices of the same vacation lodging service firm within a fifty (50) mile radius of the principal office of the firm, but may not serve as a designated agent for multiple firms. (10) The Tennessee real estate commission is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this subsection (b). Acts 1973, ch. 181, § 5; 1977, ch. 207, § 1; T.C.A., § 62-1307; Acts 1988, ch. 469, § 1; 1998, ch. 881, §§ 1 - 4; 2003 , ch. 277, §§ 1, 2; 2005, ch. 252, § 1; 2010 , ch. 1147, §§ 1-14.
(a) (1) This chapter does not apply to: (A) An owner of real estate with respect to property owned or leased by such person; (B) An attorney-in-fact under a duly executed and recorded power of attorney from the owner or lessor; (C) The services rendered by an attorney at law in the performance of duties as an attorney at law; (D) A person acting as receiver, trustee in bankruptcy, administrator, executor or guardian, trustee acting under a trust agreement, deed of trust or will or while acting under a court order or instrument; (E) A resident manager for a broker or an owner, or employee of a broker, who manages an apartment building, duplex or residential complex where the person's duties are limited to supervision, exhibition of residential units, leasing or collection of security deposits and rentals from the property. The resident manager or employee shall not negotiate the amounts of security deposits or rentals and shall not negotiate any leases on behalf of the broker; or (F) A corporation, foreign or domestic, acting through an officer duly authorized to engage in a real estate transaction, where the transaction occurs as an incident to the management, lease, sale or other disposition of real estate owned by the corporation; however, this exemption does not apply to a person who performs an act described in § 62-13-102(4)(A) , either as a vocation or for compensation, if the amount of the compensation is dependent upon, or directly related to, the value of the real estate with respect to which the act is performed. (2) In addition, except as provided in subsection (b), no other provisions of this chapter or any rules and regulations promulgated pursuant thereto shall apply to vacation lodging services.
(1) This chapter does not apply to: (A) An owner of real estate with respect to property owned or leased by such person; (B) An attorney-in-fact under a duly executed and recorded power of attorney from the owner or lessor; (C) The services rendered by an attorney at law in the performance of duties as an attorney at law; (D) A person acting as receiver, trustee in bankruptcy, administrator, executor or guardian, trustee acting under a trust agreement, deed of trust or will or while acting under a court order or instrument; (E) A resident manager for a broker or an owner, or employee of a broker, who manages an apartment building, duplex or residential complex where the person's duties are limited to supervision, exhibition of residential units, leasing or collection of security deposits and rentals from the property. The resident manager or employee shall not negotiate the amounts of security deposits or rentals and shall not negotiate any leases on behalf of the broker; or (F) A corporation, foreign or domestic, acting through an officer duly authorized to engage in a real estate transaction, where the transaction occurs as an incident to the management, lease, sale or other disposition of real estate owned by the corporation; however, this exemption does not apply to a person who performs an act described in § 62-13-102(4)(A) , either as a vocation or for compensation, if the amount of the compensation is dependent upon, or directly related to, the value of the real estate with respect to which the act is performed.
(A) An owner of real estate with respect to property owned or leased by such person;
(B) An attorney-in-fact under a duly executed and recorded power of attorney from the owner or lessor;
(C) The services rendered by an attorney at law in the performance of duties as an attorney at law;
(D) A person acting as receiver, trustee in bankruptcy, administrator, executor or guardian, trustee acting under a trust agreement, deed of trust or will or while acting under a court order or instrument;
(E) A resident manager for a broker or an owner, or employee of a broker, who manages an apartment building, duplex or residential complex where the person's duties are limited to supervision, exhibition of residential units, leasing or collection of security deposits and rentals from the property. The resident manager or employee shall not negotiate the amounts of security deposits or rentals and shall not negotiate any leases on behalf of the broker; or
(F) A corporation, foreign or domestic, acting through an officer duly authorized to engage in a real estate transaction, where the transaction occurs as an incident to the management, lease, sale or other disposition of real estate owned by the corporation; however, this exemption does not apply to a person who performs an act described in § 62-13-102(4)(A) , either as a vocation or for compensation, if the amount of the compensation is dependent upon, or directly related to, the value of the real estate with respect to which the act is performed.
(2) In addition, except as provided in subsection (b), no other provisions of this chapter or any rules and regulations promulgated pursuant thereto shall apply to vacation lodging services.
(b) (1) As used in this section, unless the context otherwise requires: (A) "Designated agent" means an owner, principal, officer or upper level manager of a vacation lodging service firm; (B) "Person" means any natural person, corporation, company, partnership, firm or association; and (C) "Vacation lodging service" means any person that engages in the business of providing the services of management, marketing, booking and rental of residential units owned by others as sleeping accommodations furnished for pay to transients or travelers staying no more than fourteen (14) days. (2) Each vacation lodging service shall be required to have a vacation lodging service firm license but shall not be required to have a licensed real estate broker supervising the business. The application for the license shall be filed in the office of the real estate commission on forms that the commission may prescribe and shall be accompanied by a fee for the issuance of the license as specified in § 62-13-308 . (3) (A) Vacation lodging service firm licenses for vacation lodging services shall be granted to all applicants who bear a good reputation for honesty, trustworthiness, integrity and competence to transact the business of providing vacation lodging services in a manner to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. No license shall be denied any person because of race, color, religion, sex or national origin, handicap or familial status. (B) (i) Upon application for a firm license for a vacation lodging service and each renewal of the license, the firm shall designate one (1) individual from that firm who shall be individually licensed as a designated agent through the Tennessee real estate commission. Such designated agent shall be responsible for the completion of training programs to be taught by an individual in the vacation lodging services business or other person who meets qualifications set by the Tennessee real estate commission. Such training programs shall consist of instruction in the fundamentals of this subsection (b) and related topics. No person shall be licensed by the commission as a designated agent until such person completes the required eight-hour introductory course. (ii) Every two (2) years, as a requisite for the reissuance of a firm license for a vacation lodging service and for reissuance of the designated agent license, the firm shall furnish certification that the designated agent for the firm has completed eight (8) classroom hours in training programs approved by the commission. (iii) No examination shall be required for the issuance or renewal of a firm license for a vacation lodging service. (C) Upon application for a firm license for a vacation lodging service and each renewal of the license, the firm shall provide proof of the establishment of the firm's escrow account satisfactory to the commission. Every firm shall, in accordance with the rules promulgated by the commission under § 62-13-203 , keep an escrow or trustee account of funds deposited with the firm relating to vacation lodging services. The vacation lodging service shall maintain for a period of at least three (3) years accurate records of the account showing: (i) The depositor of the funds; (ii) The date of deposit; (iii) The payee of the funds; and (iv) Other pertinent information that the commission may require. (D) (i) No funds shall be distributed from the escrow/trustee account until the customer's stay is complete, unless the distribution is in accordance with terms disclosed to the renter in writing at the time of making the reservation or within a reasonable time thereafter not to exceed three (3) days, mailed to the renter through the United States postal service or transmitted to the renter via electronic mail, facsimile or other tangible form of communication. Commissions earned by the firm and the revenue due owners shall be disbursed at least monthly. Funds held in escrow shall be disbursed in a prompt manner without unreasonable delay. (ii) A vacation lodging service may be exempt from the requirements of subdivision (b)(3)(C) by submitting with its application for a firm license renewal an irrevocable letter of credit from a state or national bank or state or federal savings and loan association having its principal office in this state or any state or national bank or state or federal savings and loan association that has its principal office outside this state and that maintains one (1) or more branches in this state that are authorized to accept federally insured deposits. The terms and conditions of any irrevocable letter of credit shall be subject to the approval of the commission. At the discretion of the bank or savings and loan association, the form of the irrevocable letter of credit shall be provided by the bank or savings and loan association and may be based on either the Uniform Commercial Code, compiled in title 47, chapter 5, or the ICC Uniform Customs and Practice for Documentary Credits (UCP 500). In lieu of the irrevocable letter of credit, the commission is authorized to accept equivalent security. The irrevocable letter of credit or equivalent security shall be in the amount of the vacation lodging service's average advanced monthly deposits or other lesser amount that is reasonably determined by the commission to protect the renters and owners. The commission may draw upon the irrevocable letter of credit or equivalent security to reimburse renters or owners for funds owed to them by the vacation lodging service. The commission shall offer the vacation lodging service a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before drawing upon the irrevocable letter of credit or equivalent security if the vacation lodging service continues to maintain the letter of credit or equivalent security during the contested case hearing process. If the vacation lodging service does not continue to maintain the irrevocable letter of credit or equivalent security during the contested case hearing process and the irrevocable letter of credit or equivalent security is subject to expiring during the contested case hearing process, the commission may draw upon the irrevocable letter of credit or equivalent security before conducting the contested case hearing. Where the commission draws upon the irrevocable letter of credit or equivalent security before conducting a contested case hearing, the commission shall offer the vacation lodging service a prompt hearing to be conducted before it distributes the proceeds. A vacation lodging service firm working under an irrevocable letter of credit must submit satisfactory proof of such letter of credit by April 1 of each year. The commission may impose a penalty for failure to disclose such proof by such date. (4) All firm and designated agent licenses for vacation lodging services shall expire two (2) years from the date the license was issued or renewed. The firm license and the license for the designated agent for the firm, and all renewals thereof, shall expire at the same time. If a license is issued to a designated agent following the date the firm license is issued or renewed, the license for the designated agent shall be issued or renewed so that it expires on the date the license of the firm is to expire. The commission is authorized to pro-rate the license for the designated agent or extend the date for the renewal of such a license to ensure the licenses expire concurrently. The licenses must be renewed on or before the expiration date by remitting to the commission the fee as set by the commission together with proof of the existence of the firm's escrow account satisfactory to the commission and certification of satisfactory completion of training pursuant to subdivision (b)(3)(B). (5) Each vacation lodging service shall have an office at a fixed location with adequate facilities located to conform with zoning laws and ordinances. Within ten (10) days after any change of location of the office, the vacation lodging service shall notify the commission in writing of the new business address. (6) Whenever any lodging rental customer or lodging rental owner claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty or misconduct on the part of any licensee following the calling or engaging in the business of providing vacation lodging services files suit upon the claim against the licensee in any court of record in this state and recovers judgment on the claim, the court may, as a part of its judgment or decree in such cases, if it deems it a proper case in which so to do, revoke the certificate of license granted under this chapter; and the certificate of license shall not be reissued to the licensee except upon the consenting vote of six (6) members in favor of reissuance. (7) (A) The commission may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth a cause of action under this section, ascertain facts and, if warranted, hold a hearing for reprimand or for the suspension or revocation of a license. (B) The commission has the power to refuse a license for cause or to suspend or revoke a license where it has been obtained by false representation or by fraudulent act or conduct, or where a licensee, in performing or attempting to perform any of the acts mentioned in this section, is found guilty of: (i) Making any substantial and willful misrepresentation; (ii) Making any promise of a character likely to influence, persuade or induce any person to enter into any contract or agreement when the licensee could not or did not intend to keep the promise; (iii) Pursuing a continued and flagrant course of misrepresentation or making of false promises through other persons, any medium of advertising or otherwise; (iv) Misleading or untruthful advertising, including use of the term "realtor" by a person not authorized to do so, or using any other trade name, insignia or membership in any real estate association or organization of which the licensee is not a member. No vacation lodging service doing business under this subsection (b) may advertise or hold itself out as a full service real estate business. The authority of the business is limited to those activities described within this subsection (b); (v) Failing, within a reasonable time, to account for or to remit any moneys coming into the licensee's possession that belong to others; (vi) Failing to preserve for three (3) years accurate records of the firm's escrow account as prescribed by subdivision (b)(3)(C); (vii) Failing to furnish a copy of any contract to provide vacation lodging services to all signatories of the contract at the time of execution; (viii) Using or promoting the use of any contract to provide vacation lodging services for a residential unit that fails to specify a definite termination date; (ix) Being convicted in a court of competent jurisdiction of this or any other state or federal court of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud or any similar offense or offenses, or pleading guilty or nolo contendere to any such offense or offenses; (x) Violating any federal, state or municipal law prohibiting discrimination in the rental of real estate because of race, color, religion, sex or national origin; (xi) Violating this subsection (b) or the terms of any lawful order entered by the commission; (xii) Engaging in the unauthorized practice of law; or (xiii) Any conduct, whether of the same or of a different character from that specified in this subdivision (b)(7)(B), that constitutes improper, fraudulent or dishonest dealing. (C) The director of the division of regulatory boards or the director's duly authorized representatives may, at all reasonable hours, examine and copy the books, accounts, documents or records that are relevant to a determination of whether a licensee has properly maintained and disbursed funds from escrow or trustee accounts required in this subsection (b). In the case of refusal to permit the access accorded by this subsection (b), the director or the director's authorized representatives may pursue the remedies provided by § 4-5-311(b) for disobedience to any lawful agency requirement for information. Refusal shall also constitute grounds for the commission to suspend or revoke a license. (D) Whenever any licensee pleads guilty or is convicted of any criminal offense enumerated in this section, the licensee must within sixty (60) days notify the commission of that conviction and provide the commission with certified copies of the conviction. The licensee's license shall automatically be revoked sixty (60) days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that sixty-day period. Following any hearing held pursuant to this section, the commission in its discretion may impose upon that licensee any sanction permitted by this section. (8) (A) (i) Before refusing to issue a license or suspending or revoking an existing license upon the verified written complaint of any person setting out a cause of action under subdivision (b)(7), the commission shall, in writing, notify the accused applicant or licensee of its receipt of the complaint, enclosing a copy. (ii) The accused applicant or licensee shall, within ten (10) days, file with the commission the applicant's or licensee's answer to the complaint, a copy of which shall be transmitted to the complainant. (iii) If, after investigation, the commission determines that the matter should have a hearing, a time and place for the hearing shall be set. (B) All notices and answers required or authorized to be made or filed under this subsection (b) may be served or filed personally, or by registered mail, to the last known business address of the addressee. If served personally, the time shall run from the date of service and if by registered mail, from the postmarked date of the letter enclosing the document. (C) The affirmative vote of a majority of the commission shall be necessary to reprimand a licensee or revoke or suspend a license. (D) In the event that the matter contained in the complaint has been filed or made a part of a case pending in any court in this state, the commission may then withhold its decision until the court action has been concluded. (9) (A) If a designated agent, as designated by a vacation lodging service firm, leaves or moves from the vacation lodging service firm, the firm or designated agent for such firm must notify the Tennessee real estate commission within ten (10) days of such action. The vacation lodging service firm must replace the designated agent within sixty (60) days of such action and notify the commission of the name of the new designated agent. During such time period, all rules or regulations related to a vacation lodging service firm shall remain in full force and effect with respect to such a vacation lodging service firm until a designated agent is replaced. Any obligation or duty required to be fulfilled by the designated agent shall be fulfilled by another person in the vacation lodging service firm. (B) A designated agent may serve as a designated agent for multiple offices of the same vacation lodging service firm within a fifty (50) mile radius of the principal office of the firm, but may not serve as a designated agent for multiple firms. (10) The Tennessee real estate commission is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this subsection (b).
(1) As used in this section, unless the context otherwise requires: (A) "Designated agent" means an owner, principal, officer or upper level manager of a vacation lodging service firm; (B) "Person" means any natural person, corporation, company, partnership, firm or association; and (C) "Vacation lodging service" means any person that engages in the business of providing the services of management, marketing, booking and rental of residential units owned by others as sleeping accommodations furnished for pay to transients or travelers staying no more than fourteen (14) days.
(A) "Designated agent" means an owner, principal, officer or upper level manager of a vacation lodging service firm;
(B) "Person" means any natural person, corporation, company, partnership, firm or association; and
(C) "Vacation lodging service" means any person that engages in the business of providing the services of management, marketing, booking and rental of residential units owned by others as sleeping accommodations furnished for pay to transients or travelers staying no more than fourteen (14) days.
(2) Each vacation lodging service shall be required to have a vacation lodging service firm license but shall not be required to have a licensed real estate broker supervising the business. The application for the license shall be filed in the office of the real estate commission on forms that the commission may prescribe and shall be accompanied by a fee for the issuance of the license as specified in § 62-13-308 .
(3) (A) Vacation lodging service firm licenses for vacation lodging services shall be granted to all applicants who bear a good reputation for honesty, trustworthiness, integrity and competence to transact the business of providing vacation lodging services in a manner to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. No license shall be denied any person because of race, color, religion, sex or national origin, handicap or familial status. (B) (i) Upon application for a firm license for a vacation lodging service and each renewal of the license, the firm shall designate one (1) individual from that firm who shall be individually licensed as a designated agent through the Tennessee real estate commission. Such designated agent shall be responsible for the completion of training programs to be taught by an individual in the vacation lodging services business or other person who meets qualifications set by the Tennessee real estate commission. Such training programs shall consist of instruction in the fundamentals of this subsection (b) and related topics. No person shall be licensed by the commission as a designated agent until such person completes the required eight-hour introductory course. (ii) Every two (2) years, as a requisite for the reissuance of a firm license for a vacation lodging service and for reissuance of the designated agent license, the firm shall furnish certification that the designated agent for the firm has completed eight (8) classroom hours in training programs approved by the commission. (iii) No examination shall be required for the issuance or renewal of a firm license for a vacation lodging service. (C) Upon application for a firm license for a vacation lodging service and each renewal of the license, the firm shall provide proof of the establishment of the firm's escrow account satisfactory to the commission. Every firm shall, in accordance with the rules promulgated by the commission under § 62-13-203 , keep an escrow or trustee account of funds deposited with the firm relating to vacation lodging services. The vacation lodging service shall maintain for a period of at least three (3) years accurate records of the account showing: (i) The depositor of the funds; (ii) The date of deposit; (iii) The payee of the funds; and (iv) Other pertinent information that the commission may require. (D) (i) No funds shall be distributed from the escrow/trustee account until the customer's stay is complete, unless the distribution is in accordance with terms disclosed to the renter in writing at the time of making the reservation or within a reasonable time thereafter not to exceed three (3) days, mailed to the renter through the United States postal service or transmitted to the renter via electronic mail, facsimile or other tangible form of communication. Commissions earned by the firm and the revenue due owners shall be disbursed at least monthly. Funds held in escrow shall be disbursed in a prompt manner without unreasonable delay. (ii) A vacation lodging service may be exempt from the requirements of subdivision (b)(3)(C) by submitting with its application for a firm license renewal an irrevocable letter of credit from a state or national bank or state or federal savings and loan association having its principal office in this state or any state or national bank or state or federal savings and loan association that has its principal office outside this state and that maintains one (1) or more branches in this state that are authorized to accept federally insured deposits. The terms and conditions of any irrevocable letter of credit shall be subject to the approval of the commission. At the discretion of the bank or savings and loan association, the form of the irrevocable letter of credit shall be provided by the bank or savings and loan association and may be based on either the Uniform Commercial Code, compiled in title 47, chapter 5, or the ICC Uniform Customs and Practice for Documentary Credits (UCP 500). In lieu of the irrevocable letter of credit, the commission is authorized to accept equivalent security. The irrevocable letter of credit or equivalent security shall be in the amount of the vacation lodging service's average advanced monthly deposits or other lesser amount that is reasonably determined by the commission to protect the renters and owners. The commission may draw upon the irrevocable letter of credit or equivalent security to reimburse renters or owners for funds owed to them by the vacation lodging service. The commission shall offer the vacation lodging service a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before drawing upon the irrevocable letter of credit or equivalent security if the vacation lodging service continues to maintain the letter of credit or equivalent security during the contested case hearing process. If the vacation lodging service does not continue to maintain the irrevocable letter of credit or equivalent security during the contested case hearing process and the irrevocable letter of credit or equivalent security is subject to expiring during the contested case hearing process, the commission may draw upon the irrevocable letter of credit or equivalent security before conducting the contested case hearing. Where the commission draws upon the irrevocable letter of credit or equivalent security before conducting a contested case hearing, the commission shall offer the vacation lodging service a prompt hearing to be conducted before it distributes the proceeds. A vacation lodging service firm working under an irrevocable letter of credit must submit satisfactory proof of such letter of credit by April 1 of each year. The commission may impose a penalty for failure to disclose such proof by such date.
(A) Vacation lodging service firm licenses for vacation lodging services shall be granted to all applicants who bear a good reputation for honesty, trustworthiness, integrity and competence to transact the business of providing vacation lodging services in a manner to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. No license shall be denied any person because of race, color, religion, sex or national origin, handicap or familial status.
(B) (i) Upon application for a firm license for a vacation lodging service and each renewal of the license, the firm shall designate one (1) individual from that firm who shall be individually licensed as a designated agent through the Tennessee real estate commission. Such designated agent shall be responsible for the completion of training programs to be taught by an individual in the vacation lodging services business or other person who meets qualifications set by the Tennessee real estate commission. Such training programs shall consist of instruction in the fundamentals of this subsection (b) and related topics. No person shall be licensed by the commission as a designated agent until such person completes the required eight-hour introductory course. (ii) Every two (2) years, as a requisite for the reissuance of a firm license for a vacation lodging service and for reissuance of the designated agent license, the firm shall furnish certification that the designated agent for the firm has completed eight (8) classroom hours in training programs approved by the commission. (iii) No examination shall be required for the issuance or renewal of a firm license for a vacation lodging service.
(i) Upon application for a firm license for a vacation lodging service and each renewal of the license, the firm shall designate one (1) individual from that firm who shall be individually licensed as a designated agent through the Tennessee real estate commission. Such designated agent shall be responsible for the completion of training programs to be taught by an individual in the vacation lodging services business or other person who meets qualifications set by the Tennessee real estate commission. Such training programs shall consist of instruction in the fundamentals of this subsection (b) and related topics. No person shall be licensed by the commission as a designated agent until such person completes the required eight-hour introductory course.
(ii) Every two (2) years, as a requisite for the reissuance of a firm license for a vacation lodging service and for reissuance of the designated agent license, the firm shall furnish certification that the designated agent for the firm has completed eight (8) classroom hours in training programs approved by the commission.
(iii) No examination shall be required for the issuance or renewal of a firm license for a vacation lodging service.
(C) Upon application for a firm license for a vacation lodging service and each renewal of the license, the firm shall provide proof of the establishment of the firm's escrow account satisfactory to the commission. Every firm shall, in accordance with the rules promulgated by the commission under § 62-13-203 , keep an escrow or trustee account of funds deposited with the firm relating to vacation lodging services. The vacation lodging service shall maintain for a period of at least three (3) years accurate records of the account showing: (i) The depositor of the funds; (ii) The date of deposit; (iii) The payee of the funds; and (iv) Other pertinent information that the commission may require.
(i) The depositor of the funds;
(ii) The date of deposit;
(iii) The payee of the funds; and
(iv) Other pertinent information that the commission may require.
(D) (i) No funds shall be distributed from the escrow/trustee account until the customer's stay is complete, unless the distribution is in accordance with terms disclosed to the renter in writing at the time of making the reservation or within a reasonable time thereafter not to exceed three (3) days, mailed to the renter through the United States postal service or transmitted to the renter via electronic mail, facsimile or other tangible form of communication. Commissions earned by the firm and the revenue due owners shall be disbursed at least monthly. Funds held in escrow shall be disbursed in a prompt manner without unreasonable delay. (ii) A vacation lodging service may be exempt from the requirements of subdivision (b)(3)(C) by submitting with its application for a firm license renewal an irrevocable letter of credit from a state or national bank or state or federal savings and loan association having its principal office in this state or any state or national bank or state or federal savings and loan association that has its principal office outside this state and that maintains one (1) or more branches in this state that are authorized to accept federally insured deposits. The terms and conditions of any irrevocable letter of credit shall be subject to the approval of the commission. At the discretion of the bank or savings and loan association, the form of the irrevocable letter of credit shall be provided by the bank or savings and loan association and may be based on either the Uniform Commercial Code, compiled in title 47, chapter 5, or the ICC Uniform Customs and Practice for Documentary Credits (UCP 500). In lieu of the irrevocable letter of credit, the commission is authorized to accept equivalent security. The irrevocable letter of credit or equivalent security shall be in the amount of the vacation lodging service's average advanced monthly deposits or other lesser amount that is reasonably determined by the commission to protect the renters and owners. The commission may draw upon the irrevocable letter of credit or equivalent security to reimburse renters or owners for funds owed to them by the vacation lodging service. The commission shall offer the vacation lodging service a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before drawing upon the irrevocable letter of credit or equivalent security if the vacation lodging service continues to maintain the letter of credit or equivalent security during the contested case hearing process. If the vacation lodging service does not continue to maintain the irrevocable letter of credit or equivalent security during the contested case hearing process and the irrevocable letter of credit or equivalent security is subject to expiring during the contested case hearing process, the commission may draw upon the irrevocable letter of credit or equivalent security before conducting the contested case hearing. Where the commission draws upon the irrevocable letter of credit or equivalent security before conducting a contested case hearing, the commission shall offer the vacation lodging service a prompt hearing to be conducted before it distributes the proceeds. A vacation lodging service firm working under an irrevocable letter of credit must submit satisfactory proof of such letter of credit by April 1 of each year. The commission may impose a penalty for failure to disclose such proof by such date.
(i) No funds shall be distributed from the escrow/trustee account until the customer's stay is complete, unless the distribution is in accordance with terms disclosed to the renter in writing at the time of making the reservation or within a reasonable time thereafter not to exceed three (3) days, mailed to the renter through the United States postal service or transmitted to the renter via electronic mail, facsimile or other tangible form of communication. Commissions earned by the firm and the revenue due owners shall be disbursed at least monthly. Funds held in escrow shall be disbursed in a prompt manner without unreasonable delay.
(ii) A vacation lodging service may be exempt from the requirements of subdivision (b)(3)(C) by submitting with its application for a firm license renewal an irrevocable letter of credit from a state or national bank or state or federal savings and loan association having its principal office in this state or any state or national bank or state or federal savings and loan association that has its principal office outside this state and that maintains one (1) or more branches in this state that are authorized to accept federally insured deposits. The terms and conditions of any irrevocable letter of credit shall be subject to the approval of the commission. At the discretion of the bank or savings and loan association, the form of the irrevocable letter of credit shall be provided by the bank or savings and loan association and may be based on either the Uniform Commercial Code, compiled in title 47, chapter 5, or the ICC Uniform Customs and Practice for Documentary Credits (UCP 500). In lieu of the irrevocable letter of credit, the commission is authorized to accept equivalent security. The irrevocable letter of credit or equivalent security shall be in the amount of the vacation lodging service's average advanced monthly deposits or other lesser amount that is reasonably determined by the commission to protect the renters and owners. The commission may draw upon the irrevocable letter of credit or equivalent security to reimburse renters or owners for funds owed to them by the vacation lodging service. The commission shall offer the vacation lodging service a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before drawing upon the irrevocable letter of credit or equivalent security if the vacation lodging service continues to maintain the letter of credit or equivalent security during the contested case hearing process. If the vacation lodging service does not continue to maintain the irrevocable letter of credit or equivalent security during the contested case hearing process and the irrevocable letter of credit or equivalent security is subject to expiring during the contested case hearing process, the commission may draw upon the irrevocable letter of credit or equivalent security before conducting the contested case hearing. Where the commission draws upon the irrevocable letter of credit or equivalent security before conducting a contested case hearing, the commission shall offer the vacation lodging service a prompt hearing to be conducted before it distributes the proceeds. A vacation lodging service firm working under an irrevocable letter of credit must submit satisfactory proof of such letter of credit by April 1 of each year. The commission may impose a penalty for failure to disclose such proof by such date.
(4) All firm and designated agent licenses for vacation lodging services shall expire two (2) years from the date the license was issued or renewed. The firm license and the license for the designated agent for the firm, and all renewals thereof, shall expire at the same time. If a license is issued to a designated agent following the date the firm license is issued or renewed, the license for the designated agent shall be issued or renewed so that it expires on the date the license of the firm is to expire. The commission is authorized to pro-rate the license for the designated agent or extend the date for the renewal of such a license to ensure the licenses expire concurrently. The licenses must be renewed on or before the expiration date by remitting to the commission the fee as set by the commission together with proof of the existence of the firm's escrow account satisfactory to the commission and certification of satisfactory completion of training pursuant to subdivision (b)(3)(B).
(5) Each vacation lodging service shall have an office at a fixed location with adequate facilities located to conform with zoning laws and ordinances. Within ten (10) days after any change of location of the office, the vacation lodging service shall notify the commission in writing of the new business address.
(6) Whenever any lodging rental customer or lodging rental owner claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty or misconduct on the part of any licensee following the calling or engaging in the business of providing vacation lodging services files suit upon the claim against the licensee in any court of record in this state and recovers judgment on the claim, the court may, as a part of its judgment or decree in such cases, if it deems it a proper case in which so to do, revoke the certificate of license granted under this chapter; and the certificate of license shall not be reissued to the licensee except upon the consenting vote of six (6) members in favor of reissuance.
(7) (A) The commission may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth a cause of action under this section, ascertain facts and, if warranted, hold a hearing for reprimand or for the suspension or revocation of a license. (B) The commission has the power to refuse a license for cause or to suspend or revoke a license where it has been obtained by false representation or by fraudulent act or conduct, or where a licensee, in performing or attempting to perform any of the acts mentioned in this section, is found guilty of: (i) Making any substantial and willful misrepresentation; (ii) Making any promise of a character likely to influence, persuade or induce any person to enter into any contract or agreement when the licensee could not or did not intend to keep the promise; (iii) Pursuing a continued and flagrant course of misrepresentation or making of false promises through other persons, any medium of advertising or otherwise; (iv) Misleading or untruthful advertising, including use of the term "realtor" by a person not authorized to do so, or using any other trade name, insignia or membership in any real estate association or organization of which the licensee is not a member. No vacation lodging service doing business under this subsection (b) may advertise or hold itself out as a full service real estate business. The authority of the business is limited to those activities described within this subsection (b); (v) Failing, within a reasonable time, to account for or to remit any moneys coming into the licensee's possession that belong to others; (vi) Failing to preserve for three (3) years accurate records of the firm's escrow account as prescribed by subdivision (b)(3)(C); (vii) Failing to furnish a copy of any contract to provide vacation lodging services to all signatories of the contract at the time of execution; (viii) Using or promoting the use of any contract to provide vacation lodging services for a residential unit that fails to specify a definite termination date; (ix) Being convicted in a court of competent jurisdiction of this or any other state or federal court of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud or any similar offense or offenses, or pleading guilty or nolo contendere to any such offense or offenses; (x) Violating any federal, state or municipal law prohibiting discrimination in the rental of real estate because of race, color, religion, sex or national origin; (xi) Violating this subsection (b) or the terms of any lawful order entered by the commission; (xii) Engaging in the unauthorized practice of law; or (xiii) Any conduct, whether of the same or of a different character from that specified in this subdivision (b)(7)(B), that constitutes improper, fraudulent or dishonest dealing. (C) The director of the division of regulatory boards or the director's duly authorized representatives may, at all reasonable hours, examine and copy the books, accounts, documents or records that are relevant to a determination of whether a licensee has properly maintained and disbursed funds from escrow or trustee accounts required in this subsection (b). In the case of refusal to permit the access accorded by this subsection (b), the director or the director's authorized representatives may pursue the remedies provided by § 4-5-311(b) for disobedience to any lawful agency requirement for information. Refusal shall also constitute grounds for the commission to suspend or revoke a license. (D) Whenever any licensee pleads guilty or is convicted of any criminal offense enumerated in this section, the licensee must within sixty (60) days notify the commission of that conviction and provide the commission with certified copies of the conviction. The licensee's license shall automatically be revoked sixty (60) days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that sixty-day period. Following any hearing held pursuant to this section, the commission in its discretion may impose upon that licensee any sanction permitted by this section.
(A) The commission may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth a cause of action under this section, ascertain facts and, if warranted, hold a hearing for reprimand or for the suspension or revocation of a license.
(B) The commission has the power to refuse a license for cause or to suspend or revoke a license where it has been obtained by false representation or by fraudulent act or conduct, or where a licensee, in performing or attempting to perform any of the acts mentioned in this section, is found guilty of: (i) Making any substantial and willful misrepresentation; (ii) Making any promise of a character likely to influence, persuade or induce any person to enter into any contract or agreement when the licensee could not or did not intend to keep the promise; (iii) Pursuing a continued and flagrant course of misrepresentation or making of false promises through other persons, any medium of advertising or otherwise; (iv) Misleading or untruthful advertising, including use of the term "realtor" by a person not authorized to do so, or using any other trade name, insignia or membership in any real estate association or organization of which the licensee is not a member. No vacation lodging service doing business under this subsection (b) may advertise or hold itself out as a full service real estate business. The authority of the business is limited to those activities described within this subsection (b); (v) Failing, within a reasonable time, to account for or to remit any moneys coming into the licensee's possession that belong to others; (vi) Failing to preserve for three (3) years accurate records of the firm's escrow account as prescribed by subdivision (b)(3)(C); (vii) Failing to furnish a copy of any contract to provide vacation lodging services to all signatories of the contract at the time of execution; (viii) Using or promoting the use of any contract to provide vacation lodging services for a residential unit that fails to specify a definite termination date; (ix) Being convicted in a court of competent jurisdiction of this or any other state or federal court of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud or any similar offense or offenses, or pleading guilty or nolo contendere to any such offense or offenses; (x) Violating any federal, state or municipal law prohibiting discrimination in the rental of real estate because of race, color, religion, sex or national origin; (xi) Violating this subsection (b) or the terms of any lawful order entered by the commission; (xii) Engaging in the unauthorized practice of law; or (xiii) Any conduct, whether of the same or of a different character from that specified in this subdivision (b)(7)(B), that constitutes improper, fraudulent or dishonest dealing.
(i) Making any substantial and willful misrepresentation;
(ii) Making any promise of a character likely to influence, persuade or induce any person to enter into any contract or agreement when the licensee could not or did not intend to keep the promise;
(iii) Pursuing a continued and flagrant course of misrepresentation or making of false promises through other persons, any medium of advertising or otherwise;
(iv) Misleading or untruthful advertising, including use of the term "realtor" by a person not authorized to do so, or using any other trade name, insignia or membership in any real estate association or organization of which the licensee is not a member. No vacation lodging service doing business under this subsection (b) may advertise or hold itself out as a full service real estate business. The authority of the business is limited to those activities described within this subsection (b);
(v) Failing, within a reasonable time, to account for or to remit any moneys coming into the licensee's possession that belong to others;
(vi) Failing to preserve for three (3) years accurate records of the firm's escrow account as prescribed by subdivision (b)(3)(C);
(vii) Failing to furnish a copy of any contract to provide vacation lodging services to all signatories of the contract at the time of execution;
(viii) Using or promoting the use of any contract to provide vacation lodging services for a residential unit that fails to specify a definite termination date;
(ix) Being convicted in a court of competent jurisdiction of this or any other state or federal court of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud or any similar offense or offenses, or pleading guilty or nolo contendere to any such offense or offenses;
(x) Violating any federal, state or municipal law prohibiting discrimination in the rental of real estate because of race, color, religion, sex or national origin;
(xi) Violating this subsection (b) or the terms of any lawful order entered by the commission;
(xii) Engaging in the unauthorized practice of law; or
(xiii) Any conduct, whether of the same or of a different character from that specified in this subdivision (b)(7)(B), that constitutes improper, fraudulent or dishonest dealing.
(C) The director of the division of regulatory boards or the director's duly authorized representatives may, at all reasonable hours, examine and copy the books, accounts, documents or records that are relevant to a determination of whether a licensee has properly maintained and disbursed funds from escrow or trustee accounts required in this subsection (b). In the case of refusal to permit the access accorded by this subsection (b), the director or the director's authorized representatives may pursue the remedies provided by § 4-5-311(b) for disobedience to any lawful agency requirement for information. Refusal shall also constitute grounds for the commission to suspend or revoke a license.
(D) Whenever any licensee pleads guilty or is convicted of any criminal offense enumerated in this section, the licensee must within sixty (60) days notify the commission of that conviction and provide the commission with certified copies of the conviction. The licensee's license shall automatically be revoked sixty (60) days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that sixty-day period. Following any hearing held pursuant to this section, the commission in its discretion may impose upon that licensee any sanction permitted by this section.
(8) (A) (i) Before refusing to issue a license or suspending or revoking an existing license upon the verified written complaint of any person setting out a cause of action under subdivision (b)(7), the commission shall, in writing, notify the accused applicant or licensee of its receipt of the complaint, enclosing a copy. (ii) The accused applicant or licensee shall, within ten (10) days, file with the commission the applicant's or licensee's answer to the complaint, a copy of which shall be transmitted to the complainant. (iii) If, after investigation, the commission determines that the matter should have a hearing, a time and place for the hearing shall be set. (B) All notices and answers required or authorized to be made or filed under this subsection (b) may be served or filed personally, or by registered mail, to the last known business address of the addressee. If served personally, the time shall run from the date of service and if by registered mail, from the postmarked date of the letter enclosing the document. (C) The affirmative vote of a majority of the commission shall be necessary to reprimand a licensee or revoke or suspend a license. (D) In the event that the matter contained in the complaint has been filed or made a part of a case pending in any court in this state, the commission may then withhold its decision until the court action has been concluded.
(A) (i) Before refusing to issue a license or suspending or revoking an existing license upon the verified written complaint of any person setting out a cause of action under subdivision (b)(7), the commission shall, in writing, notify the accused applicant or licensee of its receipt of the complaint, enclosing a copy. (ii) The accused applicant or licensee shall, within ten (10) days, file with the commission the applicant's or licensee's answer to the complaint, a copy of which shall be transmitted to the complainant. (iii) If, after investigation, the commission determines that the matter should have a hearing, a time and place for the hearing shall be set.
(i) Before refusing to issue a license or suspending or revoking an existing license upon the verified written complaint of any person setting out a cause of action under subdivision (b)(7), the commission shall, in writing, notify the accused applicant or licensee of its receipt of the complaint, enclosing a copy.
(ii) The accused applicant or licensee shall, within ten (10) days, file with the commission the applicant's or licensee's answer to the complaint, a copy of which shall be transmitted to the complainant.
(iii) If, after investigation, the commission determines that the matter should have a hearing, a time and place for the hearing shall be set.
(B) All notices and answers required or authorized to be made or filed under this subsection (b) may be served or filed personally, or by registered mail, to the last known business address of the addressee. If served personally, the time shall run from the date of service and if by registered mail, from the postmarked date of the letter enclosing the document.
(C) The affirmative vote of a majority of the commission shall be necessary to reprimand a licensee or revoke or suspend a license.
(D) In the event that the matter contained in the complaint has been filed or made a part of a case pending in any court in this state, the commission may then withhold its decision until the court action has been concluded.
(9) (A) If a designated agent, as designated by a vacation lodging service firm, leaves or moves from the vacation lodging service firm, the firm or designated agent for such firm must notify the Tennessee real estate commission within ten (10) days of such action. The vacation lodging service firm must replace the designated agent within sixty (60) days of such action and notify the commission of the name of the new designated agent. During such time period, all rules or regulations related to a vacation lodging service firm shall remain in full force and effect with respect to such a vacation lodging service firm until a designated agent is replaced. Any obligation or duty required to be fulfilled by the designated agent shall be fulfilled by another person in the vacation lodging service firm. (B) A designated agent may serve as a designated agent for multiple offices of the same vacation lodging service firm within a fifty (50) mile radius of the principal office of the firm, but may not serve as a designated agent for multiple firms.
(A) If a designated agent, as designated by a vacation lodging service firm, leaves or moves from the vacation lodging service firm, the firm or designated agent for such firm must notify the Tennessee real estate commission within ten (10) days of such action. The vacation lodging service firm must replace the designated agent within sixty (60) days of such action and notify the commission of the name of the new designated agent. During such time period, all rules or regulations related to a vacation lodging service firm shall remain in full force and effect with respect to such a vacation lodging service firm until a designated agent is replaced. Any obligation or duty required to be fulfilled by the designated agent shall be fulfilled by another person in the vacation lodging service firm.
(B) A designated agent may serve as a designated agent for multiple offices of the same vacation lodging service firm within a fifty (50) mile radius of the principal office of the firm, but may not serve as a designated agent for multiple firms.
(10) The Tennessee real estate commission is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this subsection (b).
Acts 1973, ch. 181, § 5; 1977, ch. 207, § 1; T.C.A., § 62-1307; Acts 1988, ch. 469, § 1; 1998, ch. 881, §§ 1 - 4; 2003 , ch. 277, §§ 1, 2; 2005, ch. 252, § 1; 2010 , ch. 1147, §§ 1-14.
Tenn. Code Ann. § 62-20-120 — TN Code / Title 62 / Chapter 20 / Section 62-20-120
Unauthorized acts
Status: in_force

Nothing in this chapter shall be construed to permit: (1) The use or sale of forms that simulate legal forms so as to deceive a debtor or the general public; (2) The unauthorized practice of law; or (3) A collection agency to notify a credit bureau or credit agency concerning the owner of record of a motor vehicle who has failed to pay an overdue parking ticket or tickets without first notifying the owner of record of the motor vehicle that, if the ticket is not timely paid to the collection agency by a date included in the notification, the credit bureau or credit agency will be notified of such fact, which could affect the owner's credit rating. Acts 1981, ch. 170, §20; 2009 , ch. 577, § 3.
Nothing in this chapter shall be construed to permit:
(1) The use or sale of forms that simulate legal forms so as to deceive a debtor or the general public;
(2) The unauthorized practice of law; or
(3) A collection agency to notify a credit bureau or credit agency concerning the owner of record of a motor vehicle who has failed to pay an overdue parking ticket or tickets without first notifying the owner of record of the motor vehicle that, if the ticket is not timely paid to the collection agency by a date included in the notification, the credit bureau or credit agency will be notified of such fact, which could affect the owner's credit rating.
Acts 1981, ch. 170, §20; 2009 , ch. 577, § 3.
Tenn. Code Ann. § 62-29-202 — TN Code / Title 62 / Chapter 29 / Section 62-29-202
Disclosures - Display of fees by facilitator - Prohibited activities
Status: in_force

(a) Any facilitator who advertises the availability of a refund anticipation loan shall not directly or indirectly represent the loan as a customer's actual refund. Any advertisement that mentions a refund anticipation loan shall state conspicuously that it is a loan and that a fee or interest will be charged by the lending institution. The advertisement shall also disclose the name of the lending institution. (b) Every facilitator who offers to facilitate or who facilitates a refund anticipation loan to a customer shall display a refund anticipation loan schedule showing the current fees for refund anticipation loans facilitated at the office, for the electronic filing of customer's tax return, for setting up a refund account and for any other related activities necessary to receive a refund anticipation loan. The fee schedule shall also include a statement indicating that a customer may have the tax return filed electronically without also obtaining a refund anticipation loan. (c) The posting required by subsection (b) shall be made in no less than twenty-eight (28) point type on a document measuring no less than sixteen inches by twenty inches (16" x 20"). The postings required in this section shall be displayed in a prominent location at each office where any facilitator is offering to facilitate or facilitating a refund anticipation loan. (d) (1) Prior to an applicant's completion of the refund anticipation loan application, a facilitator that offers to facilitate a refund anticipation loan shall provide to the applicant a clear disclosure containing all of the following information: (A) The refund anticipation loan fee schedule; (B) That a refund anticipation loan is a loan and is not the applicant's actual income tax refund; (C) That a customer can file an income tax return electronically without applying for a refund anticipation loan; (D) The average amount of time, according to the internal revenue service, within which a customer who does not obtain a refund anticipation loan can expect to receive a refund if a customer's return is filed or mailed as follows: (i) Filed electronically and the refund is deposited directly into a customer's bank account or mailed to the customer; and (ii) Mailed to the internal revenue service and the refund is deposited directly into a customer's bank account or mailed to a customer; (E) That the internal revenue service does not guarantee that it will pay the full amount of the anticipated refund and it does not guarantee a specific date that a refund will be deposited into a customer's bank account or mailed to a customer; (F) That the borrower is responsible for the repayment of the refund anticipation loan and the related fees in the event that the tax refund is not paid or paid in full; (G) The estimated time within which the loan proceeds will be paid to the borrower if the loan is approved; and (H) The fee that will be charged, if any, if the applicant's loan is not approved. (2) Prior to an applicant's consummation of the refund anticipation loan transaction, a facilitator shall provide to the applicant, in either written or electronic form, the following information: (A) The estimated total fees for obtaining the refund anticipation loan; (B) The estimated annual percentage rate for the applicant's refund anticipation loan, using the guidelines established under the federal Truth in Lending Act ( 15 U.S.C. § 1601 et seq.); and (C) The various costs, fees and finance charges, if applicable, associated with receiving a refund by mail or by direct deposit directly from the internal revenue service, a refund anticipation loan, a refund anticipation check or any other refund settlement options facilitated by the facilitator. (e) Any facilitator who offers to facilitate or who facilitates a refund anticipation loan may not engage in any of the following activities: (1) Requiring a customer to enter into a loan arrangement in order to complete a tax return; (2) Misrepresenting a material factor or condition of a refund anticipation loan; (3) Failing to process the application for a refund anticipation loan promptly after an applicant applies for the loan; or (4) Engaging in any transaction, practice or course of business that operates a fraud upon any person in connection with a refund anticipation loan. (f) When an application involves more than one (1) customer, notification pursuant to this section need only be given to one (1) customer. Acts 2007 , ch. 172, § 2.
(a) Any facilitator who advertises the availability of a refund anticipation loan shall not directly or indirectly represent the loan as a customer's actual refund. Any advertisement that mentions a refund anticipation loan shall state conspicuously that it is a loan and that a fee or interest will be charged by the lending institution. The advertisement shall also disclose the name of the lending institution.
(b) Every facilitator who offers to facilitate or who facilitates a refund anticipation loan to a customer shall display a refund anticipation loan schedule showing the current fees for refund anticipation loans facilitated at the office, for the electronic filing of customer's tax return, for setting up a refund account and for any other related activities necessary to receive a refund anticipation loan. The fee schedule shall also include a statement indicating that a customer may have the tax return filed electronically without also obtaining a refund anticipation loan.
(c) The posting required by subsection (b) shall be made in no less than twenty-eight (28) point type on a document measuring no less than sixteen inches by twenty inches (16" x 20"). The postings required in this section shall be displayed in a prominent location at each office where any facilitator is offering to facilitate or facilitating a refund anticipation loan.
(d) (1) Prior to an applicant's completion of the refund anticipation loan application, a facilitator that offers to facilitate a refund anticipation loan shall provide to the applicant a clear disclosure containing all of the following information: (A) The refund anticipation loan fee schedule; (B) That a refund anticipation loan is a loan and is not the applicant's actual income tax refund; (C) That a customer can file an income tax return electronically without applying for a refund anticipation loan; (D) The average amount of time, according to the internal revenue service, within which a customer who does not obtain a refund anticipation loan can expect to receive a refund if a customer's return is filed or mailed as follows: (i) Filed electronically and the refund is deposited directly into a customer's bank account or mailed to the customer; and (ii) Mailed to the internal revenue service and the refund is deposited directly into a customer's bank account or mailed to a customer; (E) That the internal revenue service does not guarantee that it will pay the full amount of the anticipated refund and it does not guarantee a specific date that a refund will be deposited into a customer's bank account or mailed to a customer; (F) That the borrower is responsible for the repayment of the refund anticipation loan and the related fees in the event that the tax refund is not paid or paid in full; (G) The estimated time within which the loan proceeds will be paid to the borrower if the loan is approved; and (H) The fee that will be charged, if any, if the applicant's loan is not approved. (2) Prior to an applicant's consummation of the refund anticipation loan transaction, a facilitator shall provide to the applicant, in either written or electronic form, the following information: (A) The estimated total fees for obtaining the refund anticipation loan; (B) The estimated annual percentage rate for the applicant's refund anticipation loan, using the guidelines established under the federal Truth in Lending Act ( 15 U.S.C. § 1601 et seq.); and (C) The various costs, fees and finance charges, if applicable, associated with receiving a refund by mail or by direct deposit directly from the internal revenue service, a refund anticipation loan, a refund anticipation check or any other refund settlement options facilitated by the facilitator.
(1) Prior to an applicant's completion of the refund anticipation loan application, a facilitator that offers to facilitate a refund anticipation loan shall provide to the applicant a clear disclosure containing all of the following information: (A) The refund anticipation loan fee schedule; (B) That a refund anticipation loan is a loan and is not the applicant's actual income tax refund; (C) That a customer can file an income tax return electronically without applying for a refund anticipation loan; (D) The average amount of time, according to the internal revenue service, within which a customer who does not obtain a refund anticipation loan can expect to receive a refund if a customer's return is filed or mailed as follows: (i) Filed electronically and the refund is deposited directly into a customer's bank account or mailed to the customer; and (ii) Mailed to the internal revenue service and the refund is deposited directly into a customer's bank account or mailed to a customer; (E) That the internal revenue service does not guarantee that it will pay the full amount of the anticipated refund and it does not guarantee a specific date that a refund will be deposited into a customer's bank account or mailed to a customer; (F) That the borrower is responsible for the repayment of the refund anticipation loan and the related fees in the event that the tax refund is not paid or paid in full; (G) The estimated time within which the loan proceeds will be paid to the borrower if the loan is approved; and (H) The fee that will be charged, if any, if the applicant's loan is not approved.
(A) The refund anticipation loan fee schedule;
(B) That a refund anticipation loan is a loan and is not the applicant's actual income tax refund;
(C) That a customer can file an income tax return electronically without applying for a refund anticipation loan;
(D) The average amount of time, according to the internal revenue service, within which a customer who does not obtain a refund anticipation loan can expect to receive a refund if a customer's return is filed or mailed as follows: (i) Filed electronically and the refund is deposited directly into a customer's bank account or mailed to the customer; and (ii) Mailed to the internal revenue service and the refund is deposited directly into a customer's bank account or mailed to a customer;
(i) Filed electronically and the refund is deposited directly into a customer's bank account or mailed to the customer; and
(ii) Mailed to the internal revenue service and the refund is deposited directly into a customer's bank account or mailed to a customer;
(E) That the internal revenue service does not guarantee that it will pay the full amount of the anticipated refund and it does not guarantee a specific date that a refund will be deposited into a customer's bank account or mailed to a customer;
(F) That the borrower is responsible for the repayment of the refund anticipation loan and the related fees in the event that the tax refund is not paid or paid in full;
(G) The estimated time within which the loan proceeds will be paid to the borrower if the loan is approved; and
(H) The fee that will be charged, if any, if the applicant's loan is not approved.
(2) Prior to an applicant's consummation of the refund anticipation loan transaction, a facilitator shall provide to the applicant, in either written or electronic form, the following information: (A) The estimated total fees for obtaining the refund anticipation loan; (B) The estimated annual percentage rate for the applicant's refund anticipation loan, using the guidelines established under the federal Truth in Lending Act ( 15 U.S.C. § 1601 et seq.); and (C) The various costs, fees and finance charges, if applicable, associated with receiving a refund by mail or by direct deposit directly from the internal revenue service, a refund anticipation loan, a refund anticipation check or any other refund settlement options facilitated by the facilitator.
(A) The estimated total fees for obtaining the refund anticipation loan;
(B) The estimated annual percentage rate for the applicant's refund anticipation loan, using the guidelines established under the federal Truth in Lending Act ( 15 U.S.C. § 1601 et seq.); and
(C) The various costs, fees and finance charges, if applicable, associated with receiving a refund by mail or by direct deposit directly from the internal revenue service, a refund anticipation loan, a refund anticipation check or any other refund settlement options facilitated by the facilitator.
(e) Any facilitator who offers to facilitate or who facilitates a refund anticipation loan may not engage in any of the following activities: (1) Requiring a customer to enter into a loan arrangement in order to complete a tax return; (2) Misrepresenting a material factor or condition of a refund anticipation loan; (3) Failing to process the application for a refund anticipation loan promptly after an applicant applies for the loan; or (4) Engaging in any transaction, practice or course of business that operates a fraud upon any person in connection with a refund anticipation loan.
(1) Requiring a customer to enter into a loan arrangement in order to complete a tax return;
(2) Misrepresenting a material factor or condition of a refund anticipation loan;
(3) Failing to process the application for a refund anticipation loan promptly after an applicant applies for the loan; or
(4) Engaging in any transaction, practice or course of business that operates a fraud upon any person in connection with a refund anticipation loan.
(f) When an application involves more than one (1) customer, notification pursuant to this section need only be given to one (1) customer.
Acts 2007 , ch. 172, § 2.
Tenn. Code Ann. § 62-13-325 — TN Code / Title 62 / Chapter 13 / Section 62-13-325
Distance education courses
Status: in_force

(a) "Distance education" shall be used interchangeably with "correspondence courses" and includes all education through other media where the teacher and student are separated by distance or time. Distance education courses approved by the commission must be completed within one (1) year of the date of enrollment in order for continuing education to be granted to the licensee. Distance education may include printed materials, computer-based materials, and online materials. (b) A distance education course using printed materials may be approved by the commission if: (1) Students will be provided a manual or other printed material; (2) A comprehensive course outline, requirements for successful completion of the course and information regarding availability of faculty to students are provided; (3) It contains at least six (6) written exercises that are to be submitted periodically to the instructor, graded and returned to the student; and (4) If the class provides more than eight (8) hours of credit, a comprehensive final examination or equivalent measure of achievement is executed prior to the sponsor submitting the roster to the commission indicating successful completion of the course for any and all students. (c) (1) As used in this subsection (c): (A) "Asynchronous course" means a course offered to students at no specific time, where the teacher and student are separated by both time and distance; and (B) "Synchronous course" means a course offered in real time, where the teacher and student are separated by distance. (2) (A) A distance education course using computer-based or online materials or formats may be submitted to the commission for analysis and possible approval if the course is certified by the Association of Real Estate License Law Officials (ARELLO) or another certifying body at the discretion of the commission, as to technology, support of the technology, interactivity, and course design. (B) The certification requirement under subdivision (c)(2)(A) does not apply to a synchronous course, but does apply to an asynchronous course. (3) The commission shall review these certified courses on a case by case basis to determine whether the curriculum meets commission education requirements. (4) A course that provides more than eight (8) hours of continuing education must include a final examination that must be executed prior to submission to the commission for education credit. (5) Approval of a course under this subsection (c) must be automatically withdrawn if certification by the respective certifying body is discontinued. (d) Any distance education version of the basic principles of real estate course required of applicants for an affiliate broker's license under § 62-13-303 shall include at least one (1) student interaction with a commission-approved instructor for every five (5) hours of credit. Amended by 2022 Tenn. Acts, ch. 753, Secs.s1, s2 eff. 3/28/2022. Acts 2009 , ch. 287, § 2.
(a) "Distance education" shall be used interchangeably with "correspondence courses" and includes all education through other media where the teacher and student are separated by distance or time. Distance education courses approved by the commission must be completed within one (1) year of the date of enrollment in order for continuing education to be granted to the licensee. Distance education may include printed materials, computer-based materials, and online materials.
(b) A distance education course using printed materials may be approved by the commission if: (1) Students will be provided a manual or other printed material; (2) A comprehensive course outline, requirements for successful completion of the course and information regarding availability of faculty to students are provided; (3) It contains at least six (6) written exercises that are to be submitted periodically to the instructor, graded and returned to the student; and (4) If the class provides more than eight (8) hours of credit, a comprehensive final examination or equivalent measure of achievement is executed prior to the sponsor submitting the roster to the commission indicating successful completion of the course for any and all students.
(1) Students will be provided a manual or other printed material;
(2) A comprehensive course outline, requirements for successful completion of the course and information regarding availability of faculty to students are provided;
(3) It contains at least six (6) written exercises that are to be submitted periodically to the instructor, graded and returned to the student; and
(4) If the class provides more than eight (8) hours of credit, a comprehensive final examination or equivalent measure of achievement is executed prior to the sponsor submitting the roster to the commission indicating successful completion of the course for any and all students.
(c) (1) As used in this subsection (c): (A) "Asynchronous course" means a course offered to students at no specific time, where the teacher and student are separated by both time and distance; and (B) "Synchronous course" means a course offered in real time, where the teacher and student are separated by distance. (2) (A) A distance education course using computer-based or online materials or formats may be submitted to the commission for analysis and possible approval if the course is certified by the Association of Real Estate License Law Officials (ARELLO) or another certifying body at the discretion of the commission, as to technology, support of the technology, interactivity, and course design. (B) The certification requirement under subdivision (c)(2)(A) does not apply to a synchronous course, but does apply to an asynchronous course. (3) The commission shall review these certified courses on a case by case basis to determine whether the curriculum meets commission education requirements. (4) A course that provides more than eight (8) hours of continuing education must include a final examination that must be executed prior to submission to the commission for education credit. (5) Approval of a course under this subsection (c) must be automatically withdrawn if certification by the respective certifying body is discontinued.
(1) As used in this subsection (c): (A) "Asynchronous course" means a course offered to students at no specific time, where the teacher and student are separated by both time and distance; and (B) "Synchronous course" means a course offered in real time, where the teacher and student are separated by distance.
(A) "Asynchronous course" means a course offered to students at no specific time, where the teacher and student are separated by both time and distance; and
(B) "Synchronous course" means a course offered in real time, where the teacher and student are separated by distance.
(2) (A) A distance education course using computer-based or online materials or formats may be submitted to the commission for analysis and possible approval if the course is certified by the Association of Real Estate License Law Officials (ARELLO) or another certifying body at the discretion of the commission, as to technology, support of the technology, interactivity, and course design. (B) The certification requirement under subdivision (c)(2)(A) does not apply to a synchronous course, but does apply to an asynchronous course.
(A) A distance education course using computer-based or online materials or formats may be submitted to the commission for analysis and possible approval if the course is certified by the Association of Real Estate License Law Officials (ARELLO) or another certifying body at the discretion of the commission, as to technology, support of the technology, interactivity, and course design.
(B) The certification requirement under subdivision (c)(2)(A) does not apply to a synchronous course, but does apply to an asynchronous course.
(3) The commission shall review these certified courses on a case by case basis to determine whether the curriculum meets commission education requirements.
(4) A course that provides more than eight (8) hours of continuing education must include a final examination that must be executed prior to submission to the commission for education credit.
(5) Approval of a course under this subsection (c) must be automatically withdrawn if certification by the respective certifying body is discontinued.
(d) Any distance education version of the basic principles of real estate course required of applicants for an affiliate broker's license under § 62-13-303 shall include at least one (1) student interaction with a commission-approved instructor for every five (5) hours of credit.
Amended by 2022 Tenn. Acts, ch. 753, Secs.s1, s2 eff. 3/28/2022.
Acts 2009 , ch. 287, § 2.