reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-130 - Assessment of investigation and hearing costs - Rules and regulations

(a)
Notwithstanding any contrary law, the department or any division, board, commission or agency attached to the department may assess the actual and reasonable costs of the investigation, prosecution and hearing of any disciplinary action held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized or regulated by the department or its respective divisions, boards, commissions or agencies. These costs may include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, investigators, expert witnesses, administrative judges, court reporters and any other persons involved in the investigation, prosecution and hearing of the action.
(b)
(1)
All costs assessed pursuant to this section shall become final thirty (30) days after the date a final order of assessment is served.
(2)
If the individual or entity disciplined fails to pay an assessment when it becomes final, the department may apply to the appropriate court for a judgment and seek execution of the judgment.
(3)
Jurisdiction for recovery of costs shall be in the chancery court of Davidson County.
Acts 2001, ch. 105, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-131 - Surety bond for new charter in category 7

A person, company or corporation applying for a new charter in category 7 shall furnish a surety bond in the amount of fifty thousand dollars ($50,000) for the first three (3) years a person, company or corporation is in business. In the fourth year and subsequent years in business, the surety bond shall be ten thousand dollars ($10,000) per year. This section shall not apply to a person, company or corporation that, on July 1, 2005, has a current commercial pest control operator business charter as required by §
62-21-103
.
Acts 2005, ch. 427, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 2 - WOOD DESTROYING INSECT INFESTATION INSPECTION REPORTS (§§ 62-21-201 — 62-21-206) › Section 62-21-201 - Persons authorized to issue reports - Persons authorized to conduct inspections

Wood destroying insect infestation inspection reports, as defined in this chapter, issued in conjunction with the sale or transfer of any real property shall only be issued by a chartered pest control operator licensed or employing personnel licensed in the category of wood destroying organisms. Only those persons licensed in the category of wood destroying organisms or certified in the category of industrial, institutional, structural and health related pest control working under the direct supervision of one licensed in the category of wood destroying organisms are authorized to conduct inspections for wood destroying insect infestation reports.
Acts 2000, ch. 668, § 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 2 - WOOD DESTROYING INSECT INFESTATION INSPECTION REPORTS (§§ 62-21-201 — 62-21-206) › Section 62-21-202 - Contents of report - Warranty - Civil liability

(a)
A wood destroying insect infestation inspection report issued by a chartered pest control operator evidences the presence or absence of visible wood destroying insects and the presence or absence of visible damage caused by the insects noted on the day the inspection is made. Obstructions and inaccessible areas shall be so noted in the report.
(b)
The wood destroying insect infestation inspection report shall be submitted on forms prescribed by the National Pest Management Association and the department of housing and urban development. In addition to other information, the report shall include the address of the property, a graph or other diagram showing the layout of the property, the areas of damage or active infestation, if any, the name of the licensed or certified employee conducting the inspection, the pest control operator name, address and charter number, the date of the inspection and any recommendations for corrective action.
(c)
Notwithstanding any law to the contrary, a wood destroying insect infestation inspection report is a warranty for ninety (90) days of the accuracy of any representations in the inspection report.
(d)
The person to whom a wood destroying insect infestation inspection report is issued may recover from the warrantor for breach of warranty compensatory damages, including all repair costs that are proximately related to the warranty as provided in §
62-21-203
.
(e)
Any person knowingly issuing a false report or who issues a report without making a physical inspection of the site shall be liable in treble the amount of damages resulting from or incident to the breach of the warranty. The party injured by the breach may bring suit for the breach and for the damages.
Acts 2000, ch. 668, § 8.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 2 - WOOD DESTROYING INSECT INFESTATION INSPECTION REPORTS (§§ 62-21-201 — 62-21-206) › Section 62-21-203 - Remedies

Disputes which cannot be resolved between property owners, lenders, and/or trustees and persons issuing a wood destroying insect infestation inspection report may be resolved in a court of appropriate jurisdiction. Prior to filing a suit for compensatory damages, the issuer of the report shall be given an opportunity to inspect the premises and to offer within thirty (30) days of such inspection a proposal for repair and treatment of the premises. Notwithstanding any other provision of law or rule to the contrary, if the property owner files suit prior to offering the issuer of the report an opportunity to inspect and propose repairs and treatments as required by this section, the issuer of the report shall have, in addition to the thirty (30) days in which to answer the complaint as provided in Tenn. R. Civ. P. 12, another thirty (30) days from the service of the summons and complaint within which to inspect and propose repairs and treatments before being required to answer the complaint. No property owner or lender shall be required to engage in an alternate dispute resolution process before filing a suit for compensatory damages.
Acts 2000, ch. 668, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 2 - WOOD DESTROYING INSECT INFESTATION INSPECTION REPORTS (§§ 62-21-201 — 62-21-206) › Section 62-21-204 - Effect of transfer of commercial pest control operation assets

When the assets of a commercial pest control operation that issues wood destroying insect infestation inspection reports or performs other services relating to wood destroying organisms are sold or transferred or any servicing or financing rights are transferred, any contracts for wood destroying insect infestation inspections or other services that are a part of the assets or that are subject to such servicing or financing rights shall be enforceable against the persons or entities to which the assets, servicing or financing rights are transferred.
Acts 2000, ch. 668, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 2 - WOOD DESTROYING INSECT INFESTATION INSPECTION REPORTS (§§ 62-21-201 — 62-21-206) › Section 62-21-205 - Penalty

Any person issuing a wood destroying insect infestation inspection report who does not hold a valid commercial pest control charter and who is not licensed in the category of wood destroying organisms is in violation of this chapter and commits a Class A misdemeanor punishable only by a fine of no more than two thousand five hundred dollars ($2,500).
Acts 2000, ch. 668, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 2 - WOOD DESTROYING INSECT INFESTATION INSPECTION REPORTS (§§ 62-21-201 — 62-21-206) › Section 62-21-206 - Rules and regulations

The commissioner has the authority, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to promulgate all necessary rules and regulations concerning this part.
Acts 2000, ch. 668, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 22 - ANTIQUE DEALERS (§ 62-22-101) › Section 62-22-101 - Record keeping - Penalties

(a)
Every person, firm or corporation in the business of purchasing and selling antiques shall maintain a permanent ledger in which each item purchased exceeding the value of fifty dollars ($50.00) in the course of business shall be listed.
(b)
Each antique dealer shall, at the time of making any purchase, enter upon the book a clear and accurate description of each item purchased exceeding the value of fifty dollars ($50.00), the date of purchase, the amount paid for the item, the name and residence address of the seller and, if the article bears a serial number, the serial number.
(c)
The book shall be carefully preserved without alteration and shall at all times be open to the inspection of the sheriff of the county and the chief of police or any police officer of the city or county.
(d)
Every person, firm or corporation, or their agents or employees, who violates this chapter commits a Class C misdemeanor.
Acts 1972, ch. 562, § 1; T.C.A., § 62-2201; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 25 - RENTAL LOCATION AGENT ACT OF 1978 (§§ 62-25-101 — 62-25-108) › Section 62-25-101 - Short title

This chapter shall be known and may be cited as the "Rental Location Agent Act of 1978."
Acts 1978, ch. 663, § 1; T.C.A., § 62-2501.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 25 - RENTAL LOCATION AGENT ACT OF 1978 (§§ 62-25-101 — 62-25-108) › Section 62-25-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Person" means any natural person, corporation, partnership, firm or association; and
(2)
"Rental location agent" means any person who engages in or is employed in the business of locating, providing assistance in locating or furnishing information concerning the location or availability of real property, including apartment housing, that may be leased or rented as a private dwelling, abode or place of residence and who receives or solicits a fee or other valuable consideration from a prospective tenant.
Acts 1978, ch. 663, § 2; T.C.A., § 62-2502.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 25 - RENTAL LOCATION AGENT ACT OF 1978 (§§ 62-25-101 — 62-25-108) › Section 62-25-104 - Contract or receipt requirement - Refund of fee

(a)
Every rental location agent engaged in any of the activities described in §
62-25-102(2)
shall give a prospective tenant a contract or receipt, and the contract or receipt shall include a recital that any amount in excess of ten dollars ($10.00) shall be repaid or refunded to the prospective tenant if the prospective tenant after bona fide effort does not obtain a rental through the listing furnished by the rental location agent.
(b)
Notwithstanding any other provision of this section, if the information concerning rentals furnished by the rental location agent is not current or accurate in regard to the type of rental desired, the full fee shall be repaid or refunded to the prospective tenant upon demand.
(c)
The contract or receipt furnished to the prospective tenant shall also conform to rules and regulations adopted by the real estate commission designed to effect disclosure of material information regarding the services to be provided to the prospective tenant.
Acts 1978, ch. 663, § 4; T.C.A., § 62-2504.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 25 - RENTAL LOCATION AGENT ACT OF 1978 (§§ 62-25-101 — 62-25-108) › Section 62-25-105 - Penalties

(a)
It is unlawful for any person to knowingly refer a prospective tenant to:
(1)
A nonexistent address;
(2)
Property that is not for lease or rent;
(3)
Property that does not meet the specifications of the prospective tenant;
(4)
Property that leases or rents for a different price from that quoted by the rental location agent;
(5)
Property that has already been leased or rented; or
(6)
Property listed without the consent of the landlord.
(b)
It is unlawful for any person acting as a rental location agent to advertise in any manner without including the person's name and the fact that the person is a rental location agent in the advertisement.
(c)
It is unlawful for any person acting as a rental location agent to solicit a listing from a landlord after receipt of written notice from the landlord requesting that no further solicitations be made.
(d)
A violation of subsection (a), (b) or (c) or §
62-25-104
is a Class C misdemeanor.
Acts 1978, ch. 663, § 5; T.C.A., § 62-2505; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 25 - RENTAL LOCATION AGENT ACT OF 1978 (§§ 62-25-101 — 62-25-108) › Section 62-25-106 - Award for damages, costs and attorney fees

In a civil action, any successful prospective tenant shall be entitled to an award for damages, court costs and reasonable attorney fees.
Acts 1978, ch. 663, § 6; T.C.A., § 62-2506.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 25 - RENTAL LOCATION AGENT ACT OF 1978 (§§ 62-25-101 — 62-25-108) › Section 62-25-107 - Investigation by real estate commission - Suspension or revocation of license

(a)
The real estate commission, upon its own motion or upon a signed complaint made by any person in writing, may investigate the activities of any rental location agent in this state or any person who acts in that capacity.
(b)
The commission may suspend, revoke or refuse to issue or renew a rental location agent's license on any of the following grounds:
(1)
Proof of financial irresponsibility or insolvency;
(2)
Making any materially false or misleading statement or omission in an application for a license;
(3)
Conviction of or a plea of nolo contendere to a felony or misdemeanor, if the commission finds that the conviction or plea renders the applicant or licensee insufficiently trustworthy to deal with the public. However, an action taken under this subdivision (b)(3) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or
(4)
Any violation of this chapter or of any rule duly adopted by the commission under this chapter.
(c)
The license of any real estate broker or affiliate broker who acts as a rental location agent may be suspended or revoked on any of the grounds stated in subsection (b).
Amended by 2018 Tenn. Acts, ch. 745,s 13, eff. 7/1/2018.
Acts 1978, ch. 663, § 7; 1981, ch. 298, §§ 2, 3; T.C.A., § 62-2507.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 25 - RENTAL LOCATION AGENT ACT OF 1978 (§§ 62-25-101 — 62-25-108) › Section 62-25-108 - Service of process

(a)
(1)
If a rental location agent cannot with reasonable diligence be found at the last known place of business as reflected by the real estate commission records, the real estate commission shall be an agent of the rental location agent upon whom any process, notice or demand may be served.
(2)
Service on the commission of any process, notice or demand shall be made in the same manner provided for service on the secretary of state pursuant to §
20-2-205
.
(b)
The commission shall keep a record of all processes, notices and demands served upon it under this section and shall record the time of the service and its action with reference to the service.
(c)
Nothing in this section limits or affects the right to serve any process, notice or demand required or permitted by law to be served upon a rental location agent in any other manner now or hereafter permitted by law or by applicable rules of procedure.
Acts 1978, ch. 663, § 8; T.C.A., § 62-2508.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-201 - Short title

This part shall be known and may be cited as the "Private Investigators Licensing and Regulatory Act."
Amended by 2021 Tenn. Acts, ch. 294, s 9, eff. 7/1/2021.
Acts 1990, ch. 780, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Branch manager" means the individual who is immediately responsible for the operation of a branch office;
(2)
"Branch office" means any office of an investigations company within this state other than its principal place of business within this state;
(3)
[Deleted by 2021 amendment.]
(4)
"Commissioner" means the commissioner of commerce and insurance or the commissioner's designee;
(5)
"Identification card" means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this part to perform the duties of a private investigator in this state;
(6)
"Investigations company" means any person who engages in the business or accepts employment to obtain or furnish information with reference to:
(A)
Crime or wrongs done or threatened against the United States or any state or territory of the United States;
(B)
The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputations or character of any person;
(C)
The location, disposition or recovery of lost or stolen property;
(D)
The cause or responsibility for fires, libels, losses, accidents, damages or injuries to persons or to property; or
(E)
The securing of evidence to be used before any court, board, commission, officer or investigating committee;
(7)
"Licensee" means any investigations company and private investigator licensed in accordance with this part;
(8)
"Person" means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity;
(9)
"Principal corporate officer" means the chief executive officer, president, vice president, treasurer, secretary or comptroller, as well as any other responsible officer or executive employee who performs functions for the corporation corresponding to those performed by the chief executive officer, president, vice president, treasurer, secretary or comptroller;
(10)
"Private investigator" means any person who performs one (1) or more services described in subdivision (6); and
(11)
"Qualifying agent" means a principal corporate officer meeting the qualifications set forth in this part for operating an investigations company.
Amended by 2021 Tenn. Acts, ch. 294, s 2, eff. 7/1/2021.
Acts 1990, ch. 780, § 3; 1991, ch. 457, § 1; 1993, ch. 511, §§ 1, 2; 1999, ch. 253, §§ 1, 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-204 - License required

(a)
Except as otherwise provided in this part, it is unlawful for any person to act as an investigations company or private investigator without first obtaining a license from the commissioner.
(b)
After expiration of a license issued under former part 1, holders of such licenses may obtain the equivalent license under this part by complying with the terms and conditions for renewal prescribed in this part.
(c)
Each private investigator licensed in accordance with this part shall maintain a business address to be recorded with the commissioner. A licensed private investigator under this part is not required to affiliate with a licensed investigations company.
(d)
[Deleted by 2021 amendment.]
(e)
(1)
A private investigator may retire the license issued in accordance with this part by making a request for retirement of the license in writing and paying the appropriate fees set by the commissioner. The written request must be accompanied by the license certificate and pocket card. The retiree shall be responsible for notifying the commissioner of any change in address. Only licenses that are current and in good standing with the commissioner may be retired. No retired licensee may engage in any act defined in §
62-26-202
.
(2)
A retired license shall not be reactivated unless the licensee shows proof of completion of continuing education requirements as provided in §
62-26-225
sufficient to meet a licensee's current requirements. Upon receipt of proof of the continuing education requirements and payment of appropriate fees set by the commissioner, a retired license shall automatically be changed from retired to active.
Amended by 2021 Tenn. Acts, ch. 294, Secs.s4, s5 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 294, s 3, eff. 7/1/2021.
Acts 1990, ch. 780, § 5; 1991, ch. 457, § 3; 1993, ch. 511, §§ 4, 5; 2000, ch. 677, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-205 - Investigations company license - Application

(a)
An application for an investigations company license shall be filed with the commissioner on the prescribed form. The application shall include:
(1)
The full name and business address of the applicant:
(A)
If the applicant is a partnership, the name and address of each partner; or
(B)
If the applicant is a corporation, the name and address of the qualifying agent;
(2)
The name under which the applicant intends to do business;
(3)
The address of the principal place of business and all branch offices of the applicant within this state;
(4)
As to each individual applicant, or, if the applicant is a partnership, as to each partner or, if the applicant is a corporation, as to the qualifying agent, the following information:
(A)
Full name;
(B)
Date and place of birth;
(C)
All residences during the immediate past five (5) years;
(D)
All employment or occupations engaged in during the immediate past five (5) years;
(E)
Three (3) sets of classifiable fingerprints;
(F)
Three (3) credit references from lending institutions or business firms with whom the subject has established a credit record; and
(G)
A list of all convictions and pending charges of a felony or misdemeanor in any jurisdiction;
(5)
If the applicant is a corporation, the following information:
(A)
The correct legal name of the corporation;
(B)
The state and date of incorporation;
(C)
The date the corporation qualified to do business in this state;
(D)
The address of the corporate headquarters, if located outside of this state; and
(E)
The names of two (2) principal corporate officers other than the qualifying agent, and the business address, residence address and the office held by each in the corporation; and
(6)
Other information that the commissioner may reasonably require.
(b)
The application shall be subscribed and sworn to:
(1)
By the applicant, if the applicant is an individual;
(2)
By each partner, if the applicant is a partnership; or
(3)
By the qualifying agent, if the applicant is a corporation.
(c)
Any individual signing the application must be at least twenty-one (21) years of age.
Amended by 2021 Tenn. Acts, ch. 294, s 6, eff. 7/1/2021.
Acts 1990, ch. 780, § 6; 1991, ch. 457, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-206 - Investigations company license - Applicants - Requirements

(a)
On and after July 1, 2009, each individual applicant, or, if the applicant is a partnership, each partner, or, if the applicant is a corporation, the qualifying agent, must:
(1)
Be at least twenty-one (21) years of age;
(2)
Be a citizen of the United States or a resident alien;
(3)
Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant competent;
(4)
Not be suffering from habitual drunkenness or narcotics addiction or dependence;
(5)
Be of good moral character;
(6)
Possess or employ at least one (1) person who possesses at least two thousand (2,000) hours of compensated, verifiable, investigative experience satisfactory to the commissioner or has one (1) year of applicable, related experience or education in a related area of study approved by the commissioner; and
(7)
Pass an examination to be administered at least twice annually by the commissioner, designed to measure knowledge and competence in the investigations company business.
(b)
Subdivision (a)(6) shall not apply to any person who has been issued an investigations company license prior to August 17, 2009, and such a license may continue to be renewed in accordance with this part or any rules and regulations in effect prior to July 1, 2009.
Amended by 2021 Tenn. Acts, ch. 294, s 7, eff. 7/1/2021.
Acts 1990, ch. 780, § 7; 1991, ch. 457, § 5; 1993, ch. 511, § 6; 2009 , ch. 595, §§ 1-3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-207 - Private investigator license - Applicants - Requirements - Apprentice status

(a)
Each applicant for a private investigator license must:
(1)
Be at least twenty-one (21) years of age;
(2)
Be a citizen of the United States or a resident alien;
(3)
Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant competent;
(4)
Not be suffering from habitual drunkenness or narcotics addiction or dependence;
(5)
Be of good moral character; and
(6)
Pass an examination to be administered at least twice annually by the commissioner, designed to measure knowledge and competence in the investigations field.
(b)
The commissioner shall grant apprentice status, by correspondence, to an applicant for an individual investigator's license; provided, that the applicant is employed by an investigative company. The apprentice is enjoined from working without the direct supervision of a licensed investigator until such time as the apprentice's license application is fully processed.
(c)
An apprenticeship may not commence until the sponsoring company has submitted a notice of intent to sponsor. The notice shall be by written endorsement to the application of the apprentice.
(d)
An apprentice status shall be limited to six (6) months, and a person shall be able to apply for an apprentice status only once.
(e)
Apprenticeship is intended to serve as a learning process. Sponsors shall assume a training status by providing direction and control of the apprentice. No sponsor may sponsor more than six (6) apprentices at one time. The sponsor shall certify completion of training or the termination of the apprentice within fifteen (15) days of such action. The report shall be in a form that may be required by the commissioner, but shall include as a minimum the following:
(1)
The inclusive dates of the apprenticeship;
(2)
A narrative explaining the primary duties, types of experiences gained and the scope of the training received; and
(3)
An evaluation of the performance of the apprentice and a recommendation regarding future licensing.
Acts 1990, ch. 780, § 8; 1991, ch. 457, §§ 6, 7; 1993, ch. 511, §§ 7, 25.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-209 - Posting of license

Every license issued under this part shall be posted conspicuously in the licensee's principal place of business.
Acts 1990, ch. 780, § 10; 1993, ch. 511, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-210 - License not transferable or assignable

No license issued under this part shall be transferable or assignable.
Acts 1990, ch. 780, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-211 - Renewal - Validity

(a)
A license or renewal of a license issued under this part shall be valid for a period of two (2) years from the date of issuance. The commissioner shall provide each licensee with a renewal application form sixty (60) days prior to the expiration of the license.
(b)
(1)
The fee for the timely renewal of a license shall be as set by the commissioner in accordance with the following schedule:
Private investigator license $ ______________
Company license
Number of private investigators
Employed by company
Sole practitioner private investigator $ ______________
Two to five (2-5) employees $ ______________
Over five (5) employees $ ______________
(2)
A penalty as prescribed by the commissioner will be assessed on any renewal application postmarked after the expiration date of the license.
(c)
No renewal application will be accepted more than thirty (30) days after the expiration date of the license.
(d)
A renewal application shall be accompanied by a notarized statement sworn to by the applicant as to the identity and number of private investigators employed by or affiliated with the investigations company. Making a false statement shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000) and assessment of the maximum renewal fee.
Acts 1990, ch. 780, § 12; 1991, ch. 457, §§ 12-14; 1993, ch. 511, §§ 12, 13.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-212 - Termination of duties - Notice - Substitute agent

(a)
If the qualifying agent of a licensee ceases to perform that agent's duties on a regular basis, the licensee shall:
(1)
Within thirty (30) days, notify the commissioner by certified or registered mail; and
(2)
Within three (3) months, obtain a substitute qualifying agent.
(b)
The commissioner may, in the commissioner's discretion, extend the period for obtaining a substitute qualifying agent for a reasonable time.
Amended by 2021 Tenn. Acts, ch. 294, s 8, eff. 7/1/2021.
Acts 1990, ch. 780, § 13; 1991, ch. 457, § 15.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-213 - Notice to the commissioner - When required

A licensee shall notify the commissioner in writing within thirty (30) days of:
(1)
Any change in the qualifying agent or principal corporate officers identified in its application for license;
(2)
Any material change in the information previously furnished or required to be furnished to the commissioner;
(3)
Any occurrence that could reasonably be expected to affect the licensee's right to a license under this part, including, but not limited to, any criminal charges placed against any licensee by any person. An investigations company must also, within thirty (30) days, notify the commissioner of any criminal charges placed against any investigator employed by or affiliated with the company; or
(4)
Any judgment received by any person for punitive damages against any licensee.
Acts 1990, ch. 780, § 14; 1991, ch. 457, § 16; 1993, ch. 511, §§ 14, 15.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-214 - Investigations company - Change in ownership

(a)
If the ownership of an investigations company changes, the new owner, if not already a licensee, may not operate that company more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner submits an application for a license. If the application is submitted, the new owner may continue to operate the company until the application has been finally determined by the commissioner.
(b)
For good cause, the commissioner may extend the period for submitting an application pursuant to subsection (a) for a reasonable time.
Acts 1990, ch. 780, § 15; 1991, ch. 457, § 17.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-217 - Revocation of license

(a)
The commissioner may suspend, revoke or refuse to issue or renew any license under this part upon finding that the holder or applicant has:
(1)
Violated this part or any rule promulgated under this part;
(2)
Practiced fraud, deceit or misrepresentation;
(3)
Knowingly and willfully made a material misstatement in connection with an application for a license or renewal;
(4)
Been convicted by a court of competent jurisdiction of a felony or a misdemeanor. However, an action taken under this subdivision (a)(4) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or
(5)
Committed any act that would have been cause for refusal to issue the license or registration card had it existed and been known to the commissioner at the time of issuance.
(b)
In addition to or in lieu of any other lawful disciplinary action under this section, the commissioner may assess a civil penalty not exceeding two thousand dollars ($2,000).
(c)
A license shall be subject to expiration and renewal during any period in which the license is suspended.
Amended by 2018 Tenn. Acts, ch. 745,s 14, eff. 7/1/2018.
Acts 1990, ch. 780, § 18; 1991, ch. 457, § 20.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-218 - Municipality or county - Licensing requirement prohibited - Business tax permitted

(a)
No licensee or registrant shall be required to obtain any authorization, permit or license from or pay any other fee or post a bond in any municipality, county or other political subdivision of this state to engage in any business or activity regulated under this part.
(b)
Notwithstanding subsection (a), a municipality, county or other political subdivision of this state may impose a bona fide business tax.
Acts 1990, ch. 780, § 19.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-219 - Reciprocal agreements

The commissioner may negotiate and enter into reciprocal agreements with appropriate officials in other states to permit licensed investigations companies and private investigators who meet or exceed the qualifications established in this part to operate across state lines under mutually acceptable terms.
Acts 1990, ch. 780, § 20; 1991, ch. 457, § 21.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-220 - Distribution of copies of this part

The commissioner shall provide a copy of this part and any rules promulgated under this part to:
(1)
Each licensee every two (2) years at no charge; and
(2)
Any other person, upon request, for a reasonable fee that the commissioner may fix.
Acts 1990, ch. 780, § 21; 1991, ch. 457, § 22.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-221 - Violations

No individual licensed as an investigations company or a private investigator in this state shall:
(1)
In order to obtain employment, knowingly make a material misrepresentation as to the person's ability to perform the investigation required by a potential client;
(2)
Make unsubstantiated monetary charges to a client for services not rendered or transportation not utilized;
(3)
Knowingly make a false report to a client in relation to the investigation performed for the client;
(4)
Continue an investigation for a client when it becomes obvious to the investigator that a successful completion of an investigation is unlikely without first so advising the client and obtaining the client's approval for continuation of the investigation; or
(5)
Reveal information obtained for a client during an investigation to another individual, except as required by law.
Acts 1990, ch. 780, § 22.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-222 - Hearing and review of contested cases - Governing provisions

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 part.
Acts 1990, ch. 780, § 23.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-224 - Investigative arm of commissioner - Access to records - Subpoenas

(a)
The division of investigation is designated the official investigative arm of the commissioner.
(b)
Licensees are required to provide the investigative staff all records kept within the normal course of business, as they directly pertain to the exact nature of the complaint under investigation.
(c)
The commissioner is granted authority to subpoena to deposition those persons or documents necessary to any investigation undertaken under this part; provided, that all other means, including, but not limited to, notification by return receipt registered United States mail, have been exhausted and have not produced the desired results.
Acts 1993, ch. 511, § 19.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-225 - Continuing professional education

(a)
A private investigator license holder seeking biennial renewal shall, as a prerequisite for renewal, complete twelve (12) hours of continuing professional education acceptable to the commissioner during the two-year period prior to renewal.
(b)
The commissioner shall make every effort to ensure that at least one (1) seminar per year will be held in each grand division of the state and that each seminar provides an opportunity to fulfill the continuing professional education requirements of this section. The commissioner is encouraged to require that at least one (1) hour per year of continuing professional education be devoted to ethics.
(c)
The commissioner shall promulgate rules that are necessary to carry out this section.
Acts 1993, ch. 511, § 20; 2004, ch. 555, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-226 - Training

(a)
Any person or company offering private investigator training for a fee must first be certified by the commissioner. The commissioner shall ensure that the instructors employed by the training company possess both the experience and academic credentials to ensure that the curriculum and instruction of the training company will be beneficial to those seeking to enter the profession. In order to qualify as a certified trainer/instructor, the trainer:
(1)
Must be at least twenty-one (21) years of age;
(2)
Has at least three (3) years of supervisory experience satisfactory to the commissioner with an investigations company or proprietary entity, or with any federal, United States military, state, county or municipal law enforcement agency; and
(3)
Is personally qualified to conduct the training required by this chapter.
(b)
A certified trainer may, in the trainer's discretion, instruct personally or use a combination of personal instruction, audio and visual training aids.
(c)
To assist in the implementation of the training program, the certified trainer may use as an assistant trainer any person who:
(1)
Is at least twenty-one (21) years of age; and
(2)
Has at least one (1) year of experience with an investigations company or any United States military, state, county or municipal law enforcement agency.
(d)
A certified trainer may be an employee of a private investigative or proprietary agency. If the applicant is not so employed, the applicant must be licensed as a company under this part.
(e)
The certified trainer shall certify to the successful completion of the training and shall submit the certification to the commissioner.
(f)
The training program, fees and requirements shall be established by rules promulgated by the commissioner.
Acts 1993, ch. 511, § 21.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-227 - Prosecutions

No action taken under this part shall preclude prosecution under §
39-16-302
.
Acts 1993, ch. 511, § 22.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-228 - Penalties

Any person violating this part or any rule promulgated under this part commits a Class A misdemeanor.
Acts 1990, ch. 780, § 24; 1989, ch. 591, § 111.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 2 - PRIVATE INVESTIGATORS LICENSING AND REGULATORY ACT (§§ 62-26-201 — 62-26-229) › Section 62-26-229 - Exemption from licensing requirement

(a)
An individual exempted by §
62-26-223(b)(7)
from the licensing requirements for private investigators must be:
(1)
Employed by and under the control of a licensed private investigation company;
(2)
Employed by a private business entity, the internal affairs of which are the subject of investigation by the individual; and
(3)
Engaged only in investigating the internal affairs of the private business entity by which they are employed.
(b)
A private investigation company employing an individual exempted by §
62-26-223(b)(7)
shall be held responsible for the actions of that individual in the individual's capacity as an undercover investigator as if that individual was a licensed private investigator.
Acts 1995, ch. 234, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 3 - PRIVATE INVESTIGATION AND POLYGRAPH COMMISSION (§§ 62-26-301 — 62-26-305) › Section 62-26-301 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 294, s 13, eff. 7/1/2021.
Acts 1991, ch. 457, § 23; 1993, ch. 511, §§ 23, 24; 1999, ch. 253, §§ 2, 3, 4; 2010 , ch. 1012, §§ 3, 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 3 - PRIVATE INVESTIGATION AND POLYGRAPH COMMISSION (§§ 62-26-301 — 62-26-305) › Section 62-26-302 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 294, s 13, eff. 7/1/2021.
Acts 1991, ch. 457, § 24.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 3 - PRIVATE INVESTIGATION AND POLYGRAPH COMMISSION (§§ 62-26-301 — 62-26-305) › Section 62-26-303 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 294, s 13, eff. 7/1/2021.
Acts 1991, ch. 457, § 25.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 3 - PRIVATE INVESTIGATION AND POLYGRAPH COMMISSION (§§ 62-26-301 — 62-26-305) › Section 62-26-304 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 294, s 13, eff. 7/1/2021.
Acts 1991, ch. 457, § 26.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 26 - PRIVATE INVESTIGATORS (§§ 62-26-201 — 62-26-305) › Part 3 - PRIVATE INVESTIGATION AND POLYGRAPH COMMISSION (§§ 62-26-301 — 62-26-305) › Section 62-26-305 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 294, s 13, eff. 7/1/2021.
Acts 1991, ch. 457, § 27.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-101 - Short title

This chapter shall be known and may be cited as the "Polygraph Examiners Act."
Amended by 2021 Tenn. Acts, ch. 294, s 19, eff. 7/1/2021.
Acts 1978, ch. 900, §§ 1, 2; T.C.A., § 62-2701; Acts 1982, ch. 720, § 3.