reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 4 - TENNESSEE APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT (§§ 62-39-401 — 62-39-428) › Section 62-39-422 - Alterations, modifications and changes to completed appraisals prohibited - Providing appraiser's digital signature or seal

(a)
An appraisal management company may not alter, modify, or otherwise change a completed appraisal report submitted by an appraiser by:
(1)
Permanently removing the appraiser's signature or seal; or
(2)
Adding information to, or removing information from, the appraisal report with an intent to change the valuation conclusion.
(b)
No registered appraisal management company may require an appraiser to provide the appraisal management company with the appraiser's digital signature or seal. Nothing in this subsection (b) shall prohibit an appraiser from voluntarily providing such appraiser's digital signature to another person.
Acts 2010, ch. 963, § 23.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 4 - TENNESSEE APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT (§§ 62-39-401 — 62-39-428) › Section 62-39-423 - Unique registration number - Publication of list of registrations - Disclosure of registration number

(a)
The commission shall issue a unique registration number to each appraisal management company.
(b)
The commission shall publish a list of the appraisal management companies that have registered pursuant to this part and have been issued a registration number.
(c)
An appraisal management company shall be required to disclose the registration number on each engagement letter utilized in assigning an appraisal request for real estate appraisal assignments within this state.
Acts 2010 , ch. 963, § 24.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 4 - TENNESSEE APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT (§§ 62-39-401 — 62-39-428) › Section 62-39-424 - Removal of an appraiser from appraiser panel

(a)
An appraisal management company may not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an appraiser without:
(1)
Notifying the appraiser in writing of the reasons why the appraiser is being removed from the appraiser panel of the appraisal management company;
(2)
If the appraiser is being removed from the panel for illegal conduct, violation of the USPAP, or a violation of state licensing standards, describing the nature of the alleged conduct or violation; and
(3)
Providing an opportunity for the appraiser to respond to the notification of the appraisal management company.
(b)
An appraiser who is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, violation of the USPAP, or violation of state licensing standards, may file a complaint with the commission for a review of the decision of the appraisal management company, except that in no case shall the commission make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company which is unrelated to the actions specified in subsection (a).
(c)
If after notice and an opportunity for hearing and review, the commission determines that an appraiser did not commit a violation of law, a violation of the USPAP, or a violation of state licensing standards, the commission shall order that such appraiser be added to the appraiser panel of the appraisal management company.
(d)
If the commission has found that the appraisal management company acted improperly in removing the appraiser from the appraiser panel, an appraisal management company may not refuse to make assignments for real estate appraisal services to an appraiser, or reduce the number of assignments, or otherwise penalize the appraiser.
Amended by 2020 Tenn. Acts, ch. 579, s 2, eff. 7/1/2020.
Acts 2010 , ch. 963, § 25.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 4 - TENNESSEE APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT (§§ 62-39-401 — 62-39-428) › Section 62-39-425 - Grounds for censure, suspension or revocation of registration

The commission may censure an appraisal management company, conditionally or unconditionally suspend or revoke any registration issued under this part or impose administrative fines not to exceed the maximum allowable amount defined by the state of Tennessee, if an appraisal management company is:
(1)
Knowingly committing any act in violation of this part;
(2)
Violating any rule or regulation adopted by the commission; or
(3)
Procuring a license by fraud, misrepresentation, or deceit.
Acts 2010 , ch. 963, § 26.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 4 - TENNESSEE APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT (§§ 62-39-401 — 62-39-428) › Section 62-39-426 - Adjudicatory proceedings

The conduct of adjudicatory proceedings in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for violations of this part is vested in the commission; provided:
(1)
Before censuring any registrant, or suspending or revoking any registration, the commission shall notify the registrant in writing of any charges made at least twenty (20) days before the hearing and shall afford the registrant an opportunity to be heard in person or by counsel; and
(2)
Written notice shall be satisfied by personal service on the controlling person of the registrant, or the registrant's agent for service of process in this state, or by sending the notice by certified mail, return receipt requested to the controlling person of the registrant to the registrant's address on file with the commission.
Acts 2010 , ch. 963, § 27.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 4 - TENNESSEE APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT (§§ 62-39-401 — 62-39-428) › Section 62-39-427 - Power and authority of commission

In addition to all other powers and authority provided by this chapter or other applicable law, the commission shall have the power to:
(1)
Conduct investigations of an AMC to assess potential violations of applicable appraisal-related laws, regulations, or orders;
(2)
Discipline, suspend, terminate, or deny renewal of the registration of an AMC that violates applicable appraisal-related laws, regulations, or orders;
(3)
Report an AMC's violation of applicable appraisal-related laws, regulations, or orders, as well as disciplinary and enforcement actions and other relevant information about an AMC's operations, to the appraisal subcommittee;
(4)
Submit to the appraisal subcommittee any information required to be submitted by the appraisal subcommittee's regulations or guidance concerning AMCs that operate in this state; and
(5)
Collect and transmit to the appraisal subcommittee an annual registry fee, in the amount set by the appraisal subcommittee, from state registered AMCs and AMCs operating as subsidiaries of a federally regulated financial institution in this state.
Added by 2017 Tenn. Acts, ch. 226, s 13, eff. 7/1/2017.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 4 - TENNESSEE APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT (§§ 62-39-401 — 62-39-428) › Section 62-39-428 - Requirements for certain AMCs

All AMCs operating in this state that are not owned and controlled by an insured depository institution and are not regulated by a federal financial institution's regulatory agency shall:
(1)
Register with and be subject to supervision by the commission, unless otherwise exempt;
(2)
For appraisals in this state, engage only state-certified or state-licensed appraisers holding a credential in good standing in this state;
(3)
Establish and comply with processes and controls reasonably designed to ensure that the AMC, in engaging an appraiser, selects an appraiser who is independent of the transaction and who has the requisite education, expertise, and experience to competently complete the appraisal assignment for the particular market and property type;
(4)
Direct the appraiser to perform the assignment in accordance with the USPAP; and
(5)
Establish and comply with processes and controls reasonably designed to ensure that the AMC conducts its appraisal management services in accordance with the requirements of section 129E(a)-(i) of the Truth in Lending Act (
15 U.S.C. § 1639e(a)-(i)
) and regulations promulgated thereunder.
Added by 2017 Tenn. Acts, ch. 226, s 14, eff. 7/1/2017.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 40 - INDUSTRIAL HYGIENISTS (§§ 62-40-101 — 62-40-102) › Section 62-40-101 - Chapter definitions - Qualifications - Penalties

(a)
As used in this chapter, unless the context otherwise requires:
(1)
"Industrial hygiene" means the science and art devoted to anticipation, recognition, evaluation and control of environmental factors or stressors arising in or from the workplace that may cause sickness, impaired health and well-being or significant discomfort and inefficiency among workers;
(2)
"Industrial hygienist" means a person who possesses a baccalaureate degree issued by an accredited college or university in industrial hygiene engineering, chemistry, physics, biology, medicine or related physical and biological sciences and who, by virtue of special studies and training, has acquired competence in industrial hygiene. The special studies and training shall have been sufficient in industrial hygiene engineering, chemistry, physics, biology, medicine or related physical and biological sciences to provide the ability to:
(A)
Recognize environmental stressors in the workplace and to understand their effects;
(B)
Evaluate, on the basis of experience and with the aid of quantitative measurement techniques, the magnitude of these stressors in terms of ability to impair health and well-being; and
(C)
Prescribe methods to eliminate, control or reduce the stressors when necessary to alleviate their effects; and
(3)
"Professional industrial hygienist" means a person who possesses a baccalaureate degree issued by an accredited college or university in industrial hygiene, engineering, chemistry, physics, biology, medicine or related physical and biological sciences and who has a minimum of three (3) years full-time industrial hygiene experience. A completed master's degree in a related physical or biological science, or in a related engineering discipline, may be substituted for one (1) year of the experience requirement; and a similar doctoral degree may be substituted for an additional year of the experience requirement. Nonexclusive examples of professional industrial hygienists are certified industrial hygienists and industrial hygienists in training, as recognized by the American Board of Industrial Hygiene.
(b)
An individual shall meet the requirements or qualifications of a professional industrial hygienist as set out in subdivision (a)(3), certified industrial hygienist and industrial hygienist in training, as recognized by the American Board of Industrial Hygiene, before the individual may use the title or represent the individual to the public as a professional industrial hygienist, certified industrial hygienist and industrial hygienist in training.
(c)
A person who violates subdivision (a)(3) or subsection (b) is subject to a civil penalty of no more than one thousand dollars ($1,000) in chancery court.
Acts 1992, ch. 624, § 1; 1994, ch. 632, §§ 1-7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 40 - INDUSTRIAL HYGIENISTS (§§ 62-40-101 — 62-40-102) › Section 62-40-102 - Limitation on government prohibiting or restricting practice of industrial hygiene

Notwithstanding any law to the contrary, no entity of state government shall by rule prohibit or restrict a qualified industrial hygienist who complies with the provisions established by or pursuant to this chapter from engaging in the practice of industrial hygiene.
Acts 1992, ch. 624, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 41 - TENNESSEE ASBESTOS CONTRACTOR ACCREDITATION AND REGULATION ACT (§§ 62-41-101 — 62-41-103) › Section 62-41-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Asbestos Contractor Accreditation and Regulation Act."
Acts 1993, ch. 285, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 41 - TENNESSEE ASBESTOS CONTRACTOR ACCREDITATION AND REGULATION ACT (§§ 62-41-101 — 62-41-103) › Section 62-41-102 - Purpose

The purpose of this chapter is to establish an asbestos contractor accreditation program for this state in compliance with Title II, Section 206 of the federal Toxic Substances Control Act (
15 U.S.C.A. § 2646
).
Acts 1993, ch. 285, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 41 - TENNESSEE ASBESTOS CONTRACTOR ACCREDITATION AND REGULATION ACT (§§ 62-41-101 — 62-41-103) › Section 62-41-103 - Rules and regulations

The commissioner of environment and conservation, in consultation with the commissioner of commerce and insurance, has the authority to promulgate rules and regulations for the purpose of establishing an asbestos contractor accreditation program for this state. The commissioner shall prescribe in the rules and regulations any fees to be paid in order for a contractor to be accredited under this program. The rules and regulations shall be approved by the state building commission before they are filed with the secretary of state.
Acts 1993, ch. 285, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 43 - TENNESSEE PROFESSIONAL EMPLOYER ORGANIZATION ACT (§§ 62-43-101 — 62-43-114) › Section 62-43-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Professional Employer Organization Act."
Acts 2012, ch. 1081, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 43 - TENNESSEE PROFESSIONAL EMPLOYER ORGANIZATION ACT (§§ 62-43-101 — 62-43-114) › Section 62-43-103 - Rules - Creation of professional employer organization advisory council - Composition of council - Officers - Compensation - Powers and duties - Administration - Recommendations for appointments to council

(a)
(1)
The department may promulgate rules and prescribe forms reasonably necessary for the administration and enforcement of §§
62-43-106
,
62-43-107
and
62-43-112
.
(2)
Rules shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended.
(b)
(1)
The professional employer organization advisory council is created and shall consist of five (5) members to be appointed by the governor to four (4) year terms. A term shall become effective on appointment and continue until a successor has been appointed. A vacancy shall be filled by appointment to the unexpired term by the governor.
(2)
(A)
Three (3) members of the council shall be individuals owning or working for a professional employer organization.
(B)
The remaining two (2) members shall:
(i)
Be residents of this state; and
(ii)
Not be, or ever have been, connected with a professional employer organization.
(C)
Among the members described in subdivision (b)(2)(B):
(i)
One (1) such member shall represent the consumer interests of this state; and
(ii)
One (1) such member shall be a representative of the department.
(3)
The council shall elect a chair and other officers to a term of one (1) year or until a successor is elected. Meetings may be called by the chair or by any two (2) members. A meeting may be held by electronic means. Three (3) members shall constitute a quorum to conduct business. Whenever vacancies prevent a quorum, the remaining members shall constitute a quorum for the purposes of recommending to the governor appointments to the council.
(4)
Members shall serve without compensation.
(5)
The following are the powers and duties of the council:
(A)
Determine its rules of order and procedure;
(B)
Recommending to the governor appointments to the council;
(C)
Send notice of its agenda and proceedings to any requesting person;
(D)
Petition the department, pursuant to §
4-5-201
and as amended; and
(E)
Advise the department on this chapter.
(6)
(A)
The council is attached to the department for the purposes of administration and cooperation.
(B)
The department shall notify the council of any action pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended, relating to a rule promulgated pursuant to this chapter.
(C)
Any nonprofit organization representing five (5) or more professional employer organizations registered in this state may recommend appointments to the council.
Acts 2012, ch. 1081, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 43 - TENNESSEE PROFESSIONAL EMPLOYER ORGANIZATION ACT (§§ 62-43-101 — 62-43-114) › Section 62-43-104 - Confidentiality

All records, reports and other information obtained from an applicant or registrant under this chapter, except to the extent necessary for the proper administration of this chapter by the department, shall be confidential and shall not be published or open to public inspection other than to public employees in the actual performance of their public duties.
Acts 2012, ch. 1081, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 43 - TENNESSEE PROFESSIONAL EMPLOYER ORGANIZATION ACT (§§ 62-43-101 — 62-43-114) › Section 62-43-107 - Fees

(a)
The department may establish the following fees by rule:
(1)
Initial application fee;
(2)
Initial registration fee, which includes a fee for limited registration, as applicable; and
(3)
Renewal registration fee.
(b)
No fee charged pursuant to this section shall exceed the amount reasonably necessary for the administration of this chapter. All fees collected by this state pursuant to this chapter shall be used by the department to implement and administer this chapter. The fees shall be deposited in a reserve for such purposes and the principal and interest of the reserve shall not revert on June 30 of any year.
(c)
Fees under this section shall be:
(1)
Remitted with the application or with the hearing request;
(2)
Payable to this state; and
(3)
Nonrefundable.
Acts 2012, ch. 1081, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 43 - TENNESSEE PROFESSIONAL EMPLOYER ORGANIZATION ACT (§§ 62-43-101 — 62-43-114) › Section 62-43-110 - Duties of professional employer organization

(a)
A professional employer organization shall:
(1)
Ensure that its Tennessee covered employees are covered by workers' compensation insurance provided in accordance with title 50 and the applicable Tennessee insurance laws and regulations as amended;
(2)
Notify the department and its clients within ten (10) days of any notice of cancellation of its workers' compensation coverage; and
(3)
Notify the department and its workers' compensation carrier, if applicable, of the termination of the professional employer organization's relationship with any client with covered employees in this state.
(b)
The professional employer organization shall be entitled along with the client to the exclusivity of the remedy under both the workers' compensation and employer's liability provisions of a workers' compensation policy or plan that either party has secured.
Acts 2012, ch. 1081, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 43 - TENNESSEE PROFESSIONAL EMPLOYER ORGANIZATION ACT (§§ 62-43-101 — 62-43-114) › Section 62-43-111 - Collecting and assessing sales tax

(a)
Covered employees whose services are subject to sales tax shall be deemed the employees of the client for purposes of collecting and levying sales tax on the services performed by the covered employee. Nothing contained in this chapter shall relieve a client of any sales tax liability with respect to its goods or services.
(b)
Any tax or assessment imposed upon professional employer services or any business license or other fee which is based upon "gross receipts" shall allow a deduction from the gross income or receipts of the business derived from performing professional employer services that is equal to that portion of the fee charged to a client that represents the actual cost of wages and salaries, benefits, workers' compensation, payroll taxes, withholding or other assessments paid to or on behalf of a covered employee by the professional employer organization under a professional employer agreement.
(c)
Any tax assessed or assessment or mandated expenditure on a per capita or per employee basis shall be assessed against the client for covered employees and against the professional employer organization for its employees who are not covered employees co-employed with a client. Benefits or monetary consideration that meet the requirements of mandates imposed on a client and that are received by covered employees through the professional employer organization either through payroll or through benefit plans sponsored by the professional employer organization shall be credited against the client's obligation to fulfill such mandates.
(d)
In the case of a tax or an assessment imposed or calculated upon the basis of total payroll, the professional employer organization shall be eligible to apply any small business allowance or exemption available to the client for the covered employees for purpose of computing the tax.
(e)
Except to the extent provided otherwise in the professional employer agreement with a client, a professional employer organization is not liable for the general debts, obligations, loss of profits, business goodwill or other consequential special or incidental damages of a client with which it has entered into a professional employer agreement.
(f)
This section applies to this state and local governmental entities.
Acts 2012, ch. 1081, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 43 - TENNESSEE PROFESSIONAL EMPLOYER ORGANIZATION ACT (§§ 62-43-101 — 62-43-114) › Section 62-43-113 - Severability

The provisions of this chapter are severable. If any provision of this chapter or application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application.
Acts 2012, ch. 1081, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 43 - TENNESSEE PROFESSIONAL EMPLOYER ORGANIZATION ACT (§§ 62-43-101 — 62-43-114) › Section 62-43-114 - Rules of the former Tennessee Employee Leasing Act remain in effect - Effect of current licenses - Recent appointments to advisory board

(a)
Rules promulgated pursuant to the Tennessee Employee Leasing Act, that are in effect prior to May 21, 2012, shall remain in effect unless such rules are in conflict with this chapter or until modified or repealed by the department.
(b)
A plan, adopted by a study committee establishing criteria for a staff leasing company sponsoring and maintaining a plan for self-insurance for health benefits on or before January 1, 1998, shall be deemed a rule of the department and shall remain in effect unless such rule is in conflict with this chapter or until modified or repealed by the department.
(c)
A current license in effect at May 21, 2012, shall remain in effect until one hundred eighty (180) days after the close of the licensee's current fiscal year.
(d)
The most recent appointments to the advisory board under the Tennessee Employee Leasing Act shall be considered appointments to the advisory council unless the governor appoints a successor to an expired term.
Acts 2012, ch. 1081, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 44 - SALVAGE HOUSE OPERATORS (§§ 62-44-101 — 62-44-105) › Section 62-44-101 - Recordkeeping requirements

Any person, firm, corporation or other entity operating a salvage house, by which is meant all persons in any way buying, selling, exchanging, trading or dealing in surplused or used building materials of any sort within the state, shall keep a record of the names of all persons from whom the person, firm, corporation or entity buys or gets surplused or used building materials of any sort, the date of purchase, the amount paid for the building materials, the kind of building materials purchased or gotten and the amount of each kind. The records shall be kept in chronological order from day to day, as the business is transacted. The records shall at all times be open to inspection of the police or other officer or any person who may desire to see the records and shall be in good faith kept and preserved by the dealers for convenient inspection.
Acts 1997, ch. 132, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 44 - SALVAGE HOUSE OPERATORS (§§ 62-44-101 — 62-44-105) › Section 62-44-102 - Identification of seller

(a)
All dealers in used or surplused building materials shall obtain from the seller of the used or surplused building materials proper identification consisting of the seller's name and address and the seller's driver license number or vehicle license plate number or social security number.
(b)
In lieu of obtaining any of the above identification, if the seller is a building materials dealer who has registered with the county clerk in accordance with §
67-4-706
, the seller shall provide an invoice, which shall include the name and address of the dealer or provide a sworn affidavit, including the name and address of the seller, the name and address of the person, firm or source from whom or which the seller acquired the used or surplused building materials and the condition and quantity of the used or surplused building materials.
(c)
All dealers shall keep the records for a period of three (3) years and the records shall be filed by date of purchase.
Acts 1997 , ch. 132, § 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 44 - SALVAGE HOUSE OPERATORS (§§ 62-44-101 — 62-44-105) › Section 62-44-103 - Dealers to cooperate with officers investigating seller

(a)
Dealers shall promptly give to any officers or other persons inquiring of them information to enable the seller to be identified or any information that the dealer may have that will lead to the identification of the seller.
(b)
The failure on the part of the dealer to give the information on demand shall render the dealer guilty of a violation of this chapter.
Acts 1997, ch. 132, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 44 - SALVAGE HOUSE OPERATORS (§§ 62-44-101 — 62-44-105) › Section 62-44-104 - Materials not to be commingled for ten (10)

The dealers shall keep on hand and in separate packages and not allow to be mixed or confused with other purchases, in order that identification may be easy, all surplused or used building materials bought or gotten from any person, the building materials, to be kept separate and subject to easy and convenient inspection of anyone desiring to investigate for a period of no less than ten (10) days after purchase or in any way acquired.
Acts 1997, ch. 132, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 44 - SALVAGE HOUSE OPERATORS (§§ 62-44-101 — 62-44-105) › Section 62-44-105 - Penalty

(a)
A violation of this chapter is a Class C misdemeanor.
(b)
The court trying the case has the power to remit the term of imprisonment provided for a Class C misdemeanor for the first offense.
Acts 1997, ch. 132, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 50 - LIMITATIONS ON LIABILITY (§§ 62-50-101 — 62-50-203) › Part 1 - LIABILITY OF PROFESSIONAL SOCIETIES (§§ 62-50-101 — 62-50-103) › Section 62-50-101 - Limitation on liability of committee members

No member of a duly appointed committee formed by a professional society to maintain the professional standards of the society as established by its bylaws shall be individually liable for defamation in or arising out of any act or proceeding undertaken or performed unless the member:
(1)
Acted outside the scope of functions for which the committee was formed;
(2)
Acted with malice;
(3)
Was grossly negligent regarding the truth or falsity of any matters; or
(4)
Failed to use a reasonable effort to discover the truth.
Acts 1981, ch. 526, § 1; T.C.A., § 62-5001.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 50 - LIMITATIONS ON LIABILITY (§§ 62-50-101 — 62-50-203) › Part 1 - LIABILITY OF PROFESSIONAL SOCIETIES (§§ 62-50-101 — 62-50-103) › Section 62-50-102 - Limitation on liability for communications to committee

No person shall be individually liable as the result of the communication of any information in the possession of the person to any professional standards committee, if the communication is intended to aid the committee in the evaluation of the qualifications, fitness or character of a member or applicant for membership in any professional society unless the person:
(1)
Acted with malice;
(2)
Was grossly negligent regarding the truth or falsity of any matter; or
(3)
Failed to use a reasonable effort to discover the truth.
Acts 1981, ch. 526, § 2; T.C.A., § 62-5002.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 50 - LIMITATIONS ON LIABILITY (§§ 62-50-101 — 62-50-203) › Part 1 - LIABILITY OF PROFESSIONAL SOCIETIES (§§ 62-50-101 — 62-50-103) › Section 62-50-103 - Society not immune from liability

(a)
This part shall not be construed to confer immunity from liability on any professional society.
(b)
A professional society is liable for the actual damages arising from proceedings of a committee established by the bylaws of the society for any wrongful charge against a member by the committee.
(c)
In any case in which, but for the enactment of this part, a cause of action would arise against a professional society, the cause of action shall exist as if this part had not been enacted.
Acts 1981, ch. 526, § 3; T.C.A., § 62-5003.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 50 - LIMITATIONS ON LIABILITY (§§ 62-50-101 — 62-50-203) › Part 2 - LIABILITY OF SPORTS OFFICIALS (§§ 62-50-201 — 62-50-203) › Section 62-50-201 - "Sports official."

As used in this part, unless the context otherwise requires, "sports official" means any person who serves as referee, umpire, linesperson or in any similar capacity in supervising or administering a sports event and who is registered as a member of a local, state, regional or national organization that provides training and educational opportunities for sports officials.
Acts 1989, ch. 90, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 50 - LIMITATIONS ON LIABILITY (§§ 62-50-101 — 62-50-203) › Part 2 - LIABILITY OF SPORTS OFFICIALS (§§ 62-50-201 — 62-50-203) › Section 62-50-202 - Immunity from civil liability

A sports official who administers or supervises a sports event at any level of competition is not liable to any person or entity in any civil action for damages to a player, participant or spectator as a result of the sports official's act of commission or omission arising out of the sports official's duties or activities.
Acts 1989, ch. 90, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 50 - LIMITATIONS ON LIABILITY (§§ 62-50-101 — 62-50-203) › Part 2 - LIABILITY OF SPORTS OFFICIALS (§§ 62-50-201 — 62-50-203) › Section 62-50-203 - Intentional conduct or gross negligence

Nothing in this part grants civil immunity to a sports official who intentionally or by gross negligence inflicts injury or damage to a person or entity.
Acts 1989, ch. 90, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 51 - UNLAWFUL REPRESENTATIONS (§ 62-51-101) › Section 62-51-101 - Posing as being licensed or bonded - Penalty

In addition to any other penalty provided by law, it is unlawful for any individual, firm, association or corporation to advertise or otherwise claim to be licensed or bonded to perform any service unless local, state or federal law, in fact, requires licensing or bonding to perform the service, and the person is so licensed or bonded. A violation of this section is a Class A misdemeanor.
Acts 1986, ch. 790, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 76 - MISCELLANEOUS PROVISIONS (§§ 62-76-NEW — 62-76-203) › Part 1 - GENERAL PROVISIONS (§§ 62-76-NEW — 62-76-106) › Section 62-76-NEW - [Newly enacted section not yet numbered]

(a)
All state entities and programs that are administratively attached to the division of regulatory boards must issue advisory private letter rulings to any affected person who is certified, licensed, or registered by such state entities or under such programs, as applicable, and who makes such a request regarding any matters within the state entities' or under such program's primary jurisdiction. The private letter ruling only affects the person making the inquiry and shall have no precedential value for any other inquiry or future contested case to come before the state entity or under such program. Any dispute regarding a private letter ruling may be resolved pursuant to the declaratory order provisions of § 4-5-223 if the board chooses to do so. The division of regulatory boards may prescribe a fee for the issuance of an advisory private letter ruling by rule promulgated in accordance with subsection (b).
(b)
The commissioner of commerce and insurance shall promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2024 Tenn. Acts, ch. 944,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 76 - MISCELLANEOUS PROVISIONS (§§ 62-76-NEW — 62-76-203) › Part 1 - GENERAL PROVISIONS (§§ 62-76-NEW — 62-76-106) › Section 62-76-101 - Notice to applicants and holders of licenses, certifications, and registrations - Website links to statutes, rules, policies and guidelines - Electronic notices

(a)
Each board, commission, agency or other governmental entity created pursuant to this title shall notify each applicant for a license, certification or registration from the board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, policies and guidelines setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, policies and guidelines.
(b)
Each board, commission, agency or other governmental entity created pursuant to this title shall notify each holder of a license, certification or registration from the board, commission, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines, upon the issuance and upon each renewal of the holder's license, certification or registration.
(c)
Each board, commission, agency or other governmental entity created pursuant to this title shall establish and maintain a link or links on the entity's website to the statutes, rules, policies and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a license, certification or registration from the entity.
(d)
(1)
Each board, commission, agency or other governmental entity created pursuant to this title shall allow each holder of a license, certification or registration from the board, commission, agency or other governmental entity to have the option of being notified by electronic mail of:
(A)
Renewals of the holder's license, certification or registration;
(B)
Any fee increases;
(C)
Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and
(D)
Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
(2)
Each board, commission, agency or other governmental entity created pursuant to this title shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.
Acts 1998, ch. 1088, § 1; 2008, ch. 1070, §§ 1, 2; 2012, ch. 952, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 76 - MISCELLANEOUS PROVISIONS (§§ 62-76-NEW — 62-76-203) › Part 1 - GENERAL PROVISIONS (§§ 62-76-NEW — 62-76-106) › Section 62-76-102 - Members of licensing bodies to be citizens of Tennessee

All members of any board, commission or council that licenses, certifies or regulates any profession or occupation shall, during the time of their respective appointments, be citizens of this state. The appointment of any member of any board, commission or council that licenses or certifies any profession or occupation shall terminate when Tennessee is no longer the domicile of the member.
Acts 1998, ch. 1088, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 76 - MISCELLANEOUS PROVISIONS (§§ 62-76-NEW — 62-76-203) › Part 1 - GENERAL PROVISIONS (§§ 62-76-NEW — 62-76-106) › Section 62-76-103 - Freedom to Prosper Act

(a)
This section shall be known and may be cited as the "Freedom to Prosper Act."
(b)
Notwithstanding any provision of law to the contrary, on and after July 1, 2017, no political subdivision may:
(1)
Impose a licensing requirement on an individual's profession, trade, or occupation if the profession, trade, or occupation is subject to state licensing requirements unless the political subdivision imposed the licensing requirement prior to July 1, 2017; or
(2)
Expand or increase any licensing requirement on an individual's profession, trade, or occupation if the licensing requirement existed prior to July 1, 2017, and the profession, trade, or occupation is subject to state licensing requirements.
(c)
The prohibitions set out in subsection (b) do not apply to licensing requirements on or any other regulation of law enforcement officers, firefighters, emergency medical service providers, emergency rescue management providers, or any other type of first responder or emergency service provider.
Added by 2017 Tenn. Acts, ch. 332,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 76 - MISCELLANEOUS PROVISIONS (§§ 62-76-NEW — 62-76-203) › Part 1 - GENERAL PROVISIONS (§§ 62-76-NEW — 62-76-106) › Section 62-76-105 - Waiver of initial licensure fees for low-income persons

(a)
As used in this section:
(1)
"Licensing" means the procedure through which the privilege to engage in a specific profession regulated under this title is granted by a licensing authority;
(2)
"Licensing authority" means any state agency with the authority to impose training, education, or licensure fees to practice in a profession;
(3)
"Licensure fee" means a fee imposed by a licensing authority on persons licensed to practice a profession for the privilege of providing goods or services;
(4)
"Low-income persons" means persons who are enrolled in a state or federal public assistance program, including, but not limited to, temporary assistance for needy families (TANF), medicaid, or supplemental nutrition assistance program (SNAP); and
(5)
"State agency" means a state board, agency, or commission attached to the division of regulatory boards, as listed in §
4-3-1304(a)
.
(b)
(1)
Any licensing authority that requires a license for persons to practice in a profession shall waive all initial licensure fees for low-income persons.
(2)
Persons seeking a waiver of initial licensure fee requirements shall apply to the appropriate licensing authority in a format prescribed by the authority.
(3)
All licensing authorities to which this section applies shall promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2018 , ch. 954, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 76 - MISCELLANEOUS PROVISIONS (§§ 62-76-NEW — 62-76-203) › Part 1 - GENERAL PROVISIONS (§§ 62-76-NEW — 62-76-106) › Section 62-76-106 - Equivalent credit toward receipt of occupational license for members of United States armed forces and honorably discharged veterans

(a)
As used in this section:
(1)
"Honorably discharged veteran" means any person who has been honorably discharged from the army, navy, air force, marine corps, or coast guard, or any person who has been honorably discharged from a reserve component as defined in
10 U.S.C. § 10101
, having performed active federal service in the armed forces of the United States;
(2)
"Licensing authority" means a state board, agency, or commission, attached to the division of regulatory boards, as listed in §
4-3-1304(a)
, with the authority to impose training, education, or licensure fees to practice in an occupation regulated under this title; and
(3)
"Member of the armed forces" means a member of the United States armed forces or a member of a reserve or Tennessee national guard unit who is in, or was called into, active service or active military service of the United States, as defined in §
58-1-102
.
(b)
Members of the United States armed forces and persons who are honorably discharged veterans are eligible to receive equivalent credit toward the receipt of an occupational license regulated under this title relating to the training received while serving in the armed forces if the training is consistent with requirements for licensure as determined by the applicable licensing authority. In order to receive credit in accordance with this subsection (b), the member of the armed forces or honorably discharged veteran must submit to the applicable licensing authority as evidence of training a certificate from:
(1)
The United States department of defense; or
(2)
The United States department of veterans affairs.
(c)
Any person aggrieved by a decision of a licensing authority concerning eligibility for equivalent credit under this section may appeal to the commissioner of commerce and insurance, or the commissioner's designee, for a determination of whether the training meets the requirements for licensure. An appeal under this subsection (c) must be conducted in the same manner as is provided in §
4-5-322
, for a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d)
The commissioner of commerce and insurance, in collaboration with the commissioner of veterans services, shall promulgate rules to effectuate this section. All rules must be promulgated in accordance with the Uniform Administrative Procedures Act.
Added by 2021 Tenn. Acts, ch. 222, s 1, eff. 4/22/2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 76 - MISCELLANEOUS PROVISIONS (§§ 62-76-NEW — 62-76-203) › Part 2 - APPRENTICESHIP PROGRAMS (§§ 62-76-201 — 62-76-203) › Section 62-76-201 - Part definitions

As used in this part:
(1)
"Apprenticeship" means a program that:
(A)
Meets the federal guidelines set out in 29 CFR Part 29 and
29 U.S.C. § 50
; and
(B)
Complies with this part and the guidelines established pursuant to §
62-76-202
;
(2)
"Licensing authority" means any state agency with the authority to impose training, education, or licensure fees to practice in a profession; and
(3)
"State agency" means a state board, agency, or commission attached to the division of regulatory boards, as listed in §
4-3-1304(a)
.
Amended by 2018 Tenn. Acts, ch. 848, s 1, eff. 1/1/2019.
Added by 2014 Tenn. Acts, ch. 881, s 1, eff. 5/1/2014.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 76 - MISCELLANEOUS PROVISIONS (§§ 62-76-NEW — 62-76-203) › Part 2 - APPRENTICESHIP PROGRAMS (§§ 62-76-201 — 62-76-203) › Section 62-76-203 - Applicability

(a)
Nothing in this part overrides any of the requirements of the following:
(1)
Instructor trainee programs, junior instructor programs, or apprenticeships under the Tennessee Cosmetology and Barbering Act, compiled in chapter 4 of this title;
(2)
Apprenticeships under chapter 5 of this title;
(3)
[Deleted by 2021 amendment.]
(4)
Affiliate broker programs under the Tennessee Real Estate Broker License Act of 1973, compiled in chapter 13 of this title;
(5)
Apprenticeships under chapter 19 of this title;
(6)
Apprenticeships under the Private Investigators Licensing and Regulatory Act, compiled in chapter 26 of this title;
(7)
Internships under the Polygraph Examiners Act, compiled in chapter 27 of this title; or
(8)
Appraiser trainee programs under the State Licensing and Certified Real Estate Appraisers Law, compiled in chapter 39 of this title.
(b)
If a program, apprenticeship, or internship as described in subsection (a) or by rule exists for a profession, then a licensing authority shall not create a separate apprentice program under this part for that profession.
Amended by 2021 Tenn. Acts, ch. 572, s 3, eff. 5/27/2021.
Added by 2018 Tenn. Acts, ch. 848, s 1, eff. 1/1/2019.