reglab/housing_qa huggingface dataset:
TN Code § 62-19-118 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 19 - Auctioneers|§ 62-19-118. Business Location — Sign

  Every person licensed under this chapter shall maintain a definite place of business in this state, except as provided in §  62-19-117 as to nonresidents, and shall erect and maintain a sign in a conspicuous place on the premises at or near the outside entrance to the principal office and all branch offices.    The sign shall be written in clear and legible letters of no less than two inches (2") in height and shall clearly show the person's name and indicate that the person is an auctioneer or show the firm name and indicate that the firm is in the auction business.   The sign shall be placed so that it can easily be observed and read by anyone entering the place of business; however, licensees maintaining a place of business in multistory office buildings shall be deemed to comply with this section if their names and professions are displayed on the directories of the building in the usual fashion and manner of other tenants located in the building.      The commission may waive the requirements of subsections (a) and (b) in the event of a conflict with local ordinances or other unusual circumstances.   The commission has the authority to promulgate rules with regard to advertising auctions in this state.
TN Code § 62-19-119 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 19 - Auctioneers|§ 62-19-119. Actions for the Collection of Compensation

  No person engaged in the business of or acting in the capacity of an auctioneer or an affiliate auctioneer shall bring or maintain any action in the courts of this state for the collection of compensation for any services performed as an auctioneer or affiliate auctioneer without first alleging and proving that the person was a duly licensed auctioneer or affiliate auctioneer at the time the alleged cause of action arose.   No affiliate auctioneer shall have the right to institute a suit in the affiliate auctioneer's own name for the recovery of a commission, fee or compensation for services as an affiliate auctioneer, but any such action shall be instituted and brought by the licensed auctioneer employing the affiliate auctioneer.   Nothing contained in this section shall be construed so as to prevent a licensed affiliate auctioneer from suing the affiliate auctioneer's employing auctioneer for any compensation, fees or commissions due the affiliate auctioneer from the auctioneer.
TN Code § 62-19-120 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 19 - Auctioneers|§ 62-19-120. Effect of Revocation of Auctioneer's License on Affiliate Auctioneers

 The license of an affiliate auctioneer shall be automatically suspended upon the revocation or suspension of the license of the auctioneer by whom the affiliate auctioneer is employed. The affiliate auctioneer may retain the affiliate auctioneer's license by transferring to the employment of another licensed auctioneer within twenty-one (21) days of the effective date of the revocation or suspension.
TN Code § 62-19-121 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 19 - Auctioneers|§ 62-19-121. Penalties

 A violation of this chapter or any rule or regulation of the commission is a Class C misdemeanor.
TN Code § 62-19-122 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 19 - Auctioneers|§ 62-19-122. [reserved.]

 The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.
TN Code § 62-19-124 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 19 - Auctioneers|§ 62-19-124. Court Costs and Attorney's Fees in Collection Actions

 Any judgment obtained by a licensed auctioneer as the result of an action in the courts of this state for the collection of the sales price for goods or real estate sold by a licensed auctioneer or affiliate auctioneer may include an award for court costs and reasonable attorney's fees.
TN Code § 62-19-126 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 19 - Auctioneers|§ 62-19-126. Citations for Violations

   The administrative director and the investigator, acting on behalf of the commission, are authorized to issue citations against persons acting in the capacity of engaging in the auction business without a license in violation of this chapter.   Each citation shall be in writing and shall describe with specificity the basis of each citation.   Each citation shall contain an order to cease all violations of this chapter and an assessment of a civil penalty in an amount of not less than fifty dollars ($50.00) nor more than two thousand five hundred dollars ($2,500) for each violation.     The commission shall promulgate rules and regulations to specify those conditions necessary to the issuance of a citation and the range of penalties for violations of this chapter.   Service of a citation issued pursuant to this section may be made in person or by certified mail at the last known business address or residence address of the person cited.   A citation issued pursuant to this section shall be issued by the administrative director or investigator within one (1) year after the act or omission that is the basis for the citation.   Any person served with a citation pursuant to this section may appeal to the administrative director by written notice postmarked within fifteen (15) working days after service of the citation with respect to violations alleged, scope of the order or amount of civil penalty assessed.   If a person cited timely notifies the administrative director that the person intends to contest the citation, the administrative director shall afford an opportunity for a contested case hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.   After all administrative appeals have been exhausted, the administrative director may apply to the appropriate court for judgment in an amount of the civil penalty, plus applicable court costs, and for an order to cease activities in violation of this chapter. The motion for the order, which shall include a certified copy of the final order of the hearing officer or administrative judge, shall constitute a sufficient showing to warrant the issuance of judgment and order.   The commission may waive any or all of a civil penalty by stating the reasons for the waiver in the official minutes of the commission.
TN Code § 62-19-127 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 19 - Auctioneers|§ 62-19-127. Commission's Power to Petition for Judicial Jurisdiction

 In addition to the powers and duties otherwise conferred upon the commission in this chapter, the commission is empowered to petition directly any circuit or chancery court having jurisdiction over any person in this state who is violating any of the provisions of this chapter, either with or without a license under this chapter, to enjoin the person from continuing the violation; and jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such causes.
TN Code § 62-20-101 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-101. Short Title

 This chapter shall be known and may be cited as the “Tennessee Collection Service Act.”
TN Code § 62-20-102 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-102. Chapter Definitions

 As used in this chapter, unless the context otherwise requires:   “Board” means the Tennessee collection service board;   “Client” means any person who retains the services of a collection service and for such services directly provides the fee, commission or other compensation;   “Collection service” means any person that engages in, or attempts to engage in, the collection of delinquent accounts, bills or other forms of indebtedness irrespective of whether the person engaging in or attempting to engage in collection activity has received the indebtedness by assignment or whether the indebtedness was purchased by the person engaging in, or attempting to engage in, the collection activity. “Collection service” does not include any person that engages in, or attempts to engage in, the collection of notes or guarantees. “Collection service” includes, but is not limited to:  Any deputy sheriff, constable or other individual who, in the course of that person's duties, accepts any compensation other than that fixed by statute in connection with the collection of an account;   Any person who, in the process of collecting that person's own accounts, uses or causes to be used any fictitious name that would indicate to a debtor that a third party is handling the accounts;   Any person who offers for sale, gives away or uses any letter or form designed for use in the collection of accounts that deceives the receiver into believing that an account is in the hands of a third party, even though the letter or form may instruct the debtor to pay directly to the debtor's creditor; and   Any person who engages in the solicitation of claims or judgments for the purpose of collecting or attempting to collect claims or judgments or who solicits the purchase of claims or judgments for the purpose of collecting or attempting to collect claims or judgments by engaging in or attempting to engage in collection activity relative to claims or judgments;     “Collection service license” means a license granted to a collection service;   “Financially responsible” means capable, as demonstrated to the board's satisfaction, of sound financial management and fiscal discretion. The board may deem to be not financially responsible any person who:  Submits a balance sheet reflecting liabilities in excess of assets;   Is unable to pay debts as they mature;   Submits materially inaccurate financial information; or   Issues a check to a client without sufficient funds for the payment of the check in full;     “Person” means an individual, firm, corporation, association or other legal entity; and   “Solicitor” means any individual who is employed by or under contract with a collection service to solicit accounts or sell collection service forms or systems on its behalf.
TN Code § 62-20-103 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-103. Exemptions

  This chapter does not apply to:  Any person handling claims, accounts or collections under order of any court;   Attorneys at law;   Any person engaged in the collection of indebtedness incurred in the normal course of business or the business of a parent, subsidiary or affiliated firm or corporation; however, no person who is or represents the person to be a collection service is exempt from this chapter;   Any state or national bank; state or federal mutual savings bank; state or federal savings institution; or any parent, subsidiary, or affiliate of any of the foregoing;   Any state or federal credit union;   Any industrial loan and thrift company licensed or authorized by title 45, chapter 5;   Any small business development corporation authorized by title 45, chapter 8;   Any person that services or collects obligations secured by a consensual lien on a dwelling as defined by 12 C.F.R. 1026.2(a)(19) or any successor regulation; or   Any person that holds or acquires accounts, bills or other forms of indebtedness through purchase, assignment, or otherwise; and only engages in collection activity through the use of a licensed collection agency or an attorney authorized to practice law in this state.     Nothing contained within this chapter shall be construed to require an individual or business entity that collects only the individual's or its own unpaid accounts to submit to licensure or regulation by the collection service board.
TN Code § 62-20-104 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-104. Collection Service Board

  There is created the Tennessee collection service board, which shall consist of five (5) members appointed by the governor. Members shall serve for a period of three (3) years, except that appointments made to fill unexpired terms shall be for the period of the unexpired terms.   Members of this board shall be residents of this state for at least five (5) years prior to their appointment. At least two (2), but no more than three (3), of the members shall be engaged in the collection service industry. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.   The board may hold meetings that it may deem necessary for the purpose of transacting any business authorized under this chapter. All members of the board shall be duly notified of the time and place of each meeting. A majority of the board constitutes a quorum at any such meeting.   Each member of the board shall receive the sum of fifty dollars ($50.00) for each meeting of the board attended by the member. Each board member shall also be reimbursed for actual travel and other expenses incurred by the member in attending each meeting of the board and in performing any other duties provided for in this chapter. All reimbursement for expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.   The board shall annually select from its members a chair, vice chair and secretary. No member of the board shall hold more than one (1) such office.   All questions, submissions or requests directed to the board shall be addressed to the board's office in Nashville.   The board shall promulgate rules relating to the general conduct of collection service business that are consistent with recognized business practice and this chapter.   The director of the division of regulatory boards in the department of commerce and insurance or the director's designee shall serve as executive director of the board and shall perform all administrative functions for the board. The executive director of the board shall keep an accurate record of its proceedings and transactions.   Members of the board, while acting in good faith, shall not be subject to civil liability relative to the performance of duties delegated to the board by this chapter.
TN Code § 62-20-105 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-105. License Requirement

  No person shall commence, conduct or operate any collection service business in this state unless the person holds a valid collection service license issued by the board under this chapter or prior state law.   Regular employees of licensed collection services need not procure a separate collection service license.   A licensed collection service maintaining more than one (1) place of business within the state shall register each place of business with reference to its specific location, name and purpose upon application for license and upon subsequent renewals of the license. The fees for each location for registration and renewal shall be established by the board.   Nothing in this chapter shall be construed to impair or impede the obligation of any contract, delinquent account, bills or other forms of indebtedness, nor prevent or deny any person the right to purchase, sell, assign, or take by assignment any obligation.   Notwithstanding subsection (a), no debt or obligation that has been collected by a voluntary payment or by a final judgment of any court may be set aside or challenged based on the lack of a license.   Any person who is alleged to have violated subsection (a) in the collection of a delinquent account, bill or other form of indebtedness:  May cure the default at any time, even after collection may have started, by filing an application for a license with the collection services board as provided in this chapter, and the board may not use a prior collection effort in violation of this section or § 62-20-124 as a basis or consideration for the denial of a license; and   May be subject to sanction by the collection service board, but may not be subject to other civil action or defense based on such alleged violation.
TN Code § 62-20-106 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-106. Application for License

 An application for a collection service license shall be submitted on the form prescribed by the board and shall be accompanied by:   A nonrefundable application fee as set by the board;   A current personal or corporate financial statement prepared by a licensed public accountant or certified public accountant;    A surety bond executed by the applicant and a surety company authorized to do business in this state, made payable to the state of Tennessee. The amount of this surety bond shall be pro rated and based on the certified number of employees per collection agency as follows:   One to four (1-4) employees — fifteen thousand dollars ($15,000);   Five to nine (5-9) employees — twenty thousand dollars ($20,000);   Ten (10) or more employees — twenty-five thousand dollars ($25,000); or   Instead of the bond, a certificate of deposit in the sums as outlined in this subdivision (3)(A), which shall be assigned to the board;     The bond or assignment of certificate of deposit shall be conditioned that the applicant shall faithfully and truly perform all agreements entered into with its clients accounting for the net proceeds of all collections in accordance with this chapter; and     Any other relevant information and documentation that may be requested by the board to determine whether the applicant meets the requirements for initial licensure as set forth in § 62-20-107.
TN Code § 62-20-107 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-107. Qualifications of Applicant

 No license to conduct or operate a collection service business in this state shall be issued to any person:   Who is not trustworthy;   Who does not have a proven reputation for honesty and fair dealings;   Who is not financially responsible;   Who, in the opinion of the board, is not competent to engage in the collection of the accounts and claims of others;   Who, within the past seven (7) years, has been convicted in any court of fraud or any felony or had judgment entered against the person in any court for failure to account to a client for money or property collected;   Whose license to practice law has been suspended or revoked within the past seven (7) years;   Who, unless a nonresident applicant, does not maintain in this state a regular office in which are kept complete records of collections and claims handled for clients and against debtors residing in this state;   Who, unless a nonresident applicant, does not maintain in this state bank accounts with sufficient funds at all times to disburse amounts due clients; and   Who, within the past seven (7) years, has filed a petition under the federal bankruptcy laws or state insolvency laws or has had a receiver, fiscal agent or similar officer appointed by a court for the person's business or property.
TN Code § 62-20-108 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-108. Notice to Board

 The board shall be promptly notified in writing of any change in address, management or ownership of a collection service business.
TN Code § 62-20-109 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-109. License Fee and Display

  The board shall grant a collection service license to a qualified applicant upon receipt of a fee as set by the board. The fee shall not be prorated for any portion of a year.   The collection service license shall be prominently displayed at all times at the licensee's place of business.
TN Code § 62-20-110 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-110. Bond Posted or Certificate of Deposit Assigned

  The bond posted or the certificate of deposit assigned in accordance with this chapter shall be in full force and effect during all periods and in all places and areas in which the licensee is doing business within this state as a collection service.   If any collection service violates the conditions of the bond or certificate of deposit, the injured client may maintain an action in the client's own name on the bond or certificate of deposit of the collection service in any court of competent jurisdiction.   In no event shall the aggregate liability of the surety exceed the amount of the bond, nor shall the board or this state be liable to any client relative to an assigned certificate of deposit.
TN Code § 62-20-111 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-111. Solicitors' Identification Cards

   No person may act as a solicitor for any collection service unless the person possesses a valid solicitor's identification card issued by the board to the collection service.   Identification cards shall be obtainable by written application of the collection service licensee, accompanied by an annual fee as set by the board.   The identification cards shall be the property of and in the name of the collection service licensee, who may transfer them from one (1) of the collection service licensee's solicitors to another.   The collection service licensee shall be responsible for the proper training and conduct of each solicitor acting in the collection service licensee's behalf.     In order to protect the rights of creditors, all letters of collection or notices of collection from a collection agency to a debtor shall contain language stating that the collection agency is licensed by the collection service board of the department of commerce and insurance.
TN Code § 62-20-112 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-112. Expiration and Renewal of Licenses

  All licenses or identification cards shall expire the last day of the twenty-fourth month from issuance or renewal.   Application for renewal of a collection service license shall be submitted to the board prior to the expiration date and shall be accompanied by:  A fee as set by the board;   Evidence of renewal of the bond or certificate of deposit under the terms required by this chapter;   A current balance sheet prepared by a licensed public accountant or certified public accountant; and   Proof that all taxes that are applicable to the collection service licensee and that are then due and payable have been paid.     All licenses shall be subject to late renewal for a period of sixty (60) days following their expiration date by payment of the prescribed fee plus a penalty as set by the board.
TN Code § 62-20-113 (2021)
2021 Tennessee Code|Title 62 - Professions, Businesses and Trades|Chapter 20 - Tennessee Collection Service Act|§ 62-20-113. Licenses Nontransferable

  No license shall be transferable to another person.   Upon change of ownership of a collection service, the new owner shall apply for and obtain a new collection service license before commencing or continuing business.