reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 4 - REPRESENTATION BY REAL ESTATE AGENTS (§§ 62-13-401 — 62-13-408) › Section 62-13-406 - Designated broker - Managing broker

(a)
A licensee entering into a written agreement to represent any party in the buying, selling, exchanging, renting or leasing of real estate may be appointed as the designated and individual agent of this party by the licensee's managing broker, to the exclusion of all other licensees employed by or affiliated with the managing broker. A managing broker providing services under this chapter shall not be considered a dual agent if any individual licensee so appointed as designated agent in a transaction, by specific appointment or by written company policy, does not represent interests of any other party to the same transaction.
(b)
The use of a designated agency does not abolish or diminish the managing broker's contractual rights to any listing or advertising agreement between the firm and a property owner, nor does this section lessen the managing broker's responsibilities to ensure that all licensees affiliated with or employed by the broker conduct business in accordance with appropriate laws, rules and regulations.
(c)
There shall be no imputation of knowledge or information among or between clients, the managing broker and any designated agent or agents in a designated agency situation.
Acts 1995, ch. 246, § 8.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 4 - REPRESENTATION BY REAL ESTATE AGENTS (§§ 62-13-401 — 62-13-408) › Section 62-13-407 - Liability

A client or other party to whom a real estate licensee provides services as an agent, subagent or facilitator shall not be liable for damages for the misrepresentations of the licensee arising out of the licensee's services unless the client or party knew or had reason to know of the misrepresentation. This section shall not limit the liability of a licensee's managing broker for the misrepresentations of the managing broker's licensees.
Acts 1995, ch. 246, § 9; 1996, ch. 772, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 4 - REPRESENTATION BY REAL ESTATE AGENTS (§§ 62-13-401 — 62-13-408) › Section 62-13-408 - Application

This part shall supersede common law to the extent common law is inconsistent with this part.
Acts 1995, ch. 246, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 5 - COMMERCIAL REAL ESTATE BROKERS (§§ 62-13-501 — 62-13-505) › Section 62-13-502 - Enforcement of fee or commission contract against subsequent owners

A broker who, pursuant to a contract in writing entered into after October 1, 1997, has earned and is owed a fee or commission with respect to a lease or upon the exercise of an option for renewal or expansion of the lease, whether payable over time or in a lump sum, from the owner of commercial real estate pursuant to such written contract for the broker's services in connection with a lease of commercial real estate, shall have a cause of action to enforce the contract with respect to the fee or commission against a subsequent owner, even though the subsequent owner is not a party to the contract, if and only if the subsequent owner has notice of the contract as provided in this part with respect to the fee before obtaining title to the commercial real estate. There shall be no prohibition against a broker giving the notice as required by this part, and any such prohibition is void and unenforceable.
Amended by 2014 Tenn. Acts, ch. 533,s 3, eff. 3/12/2014.
Acts 1997, ch. 389, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 5 - COMMERCIAL REAL ESTATE BROKERS (§§ 62-13-501 — 62-13-505) › Section 62-13-504 - Attorney fees and court costs

The prevailing party in any litigation seeking to enforce the cause of action granted in §
62-13-502
or in seeking to recover damages or other relief for the wrongful refusal or failure to release the notice as required by §
62-13-503(f)
shall be entitled to recover attorney fees and court costs incurred by reason of the litigation from the nonprevailing party.
Acts 1997 , ch. 389, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 5 - COMMERCIAL REAL ESTATE BROKERS (§§ 62-13-501 — 62-13-505) › Section 62-13-505 - Immunity of title examiners, title insurers, abstracters and closing agents

No title examiner, title insurer, abstracter or closing agent shall have any responsibility or liability related to the contents of any document that is the subject of a notice recorded pursuant to this part so long as the title examiner, title insurer, abstractor or closing agent fulfills its obligations, if any, under existing law and its contract to disclose in its title report, abstract, commitment or policy the existence of the notice.
Acts 1997, ch. 389, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 6 - AGENCY CONTRACTS AND REFERRAL FEES (§§ 62-13-601 — 62-13-604) › Section 62-13-601 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Agency contract" means a valid written contract authorizing a real estate licensee to act as a party's exclusive agent for the purchase, sale or lease of real estate;
(2)
"Agency relationship" means the relationship resulting from an agency contract; and
(3)
"Referral fee" means a commission or any other type of compensation for the referral of a potential buyer, seller, lessor or lessee of real estate.
Acts 1999, ch. 160, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 6 - AGENCY CONTRACTS AND REFERRAL FEES (§§ 62-13-601 — 62-13-604) › Section 62-13-602 - Reasonable cause to solicit referral fee

Reasonable cause does not exist unless the party seeking the referral fee actually introduced the business to the real estate licensee from whom the referral fee is sought and at least one (1) of the following other conditions exists as between the party seeking the referral fee and the real estate licensee from whom the referral fee is sought:
(1)
Sub-agency relationship;
(2)
Contractual referral fee relationship; or
(3)
Contractual cooperative brokerage relationship.
Acts 1999, ch. 160, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 6 - AGENCY CONTRACTS AND REFERRAL FEES (§§ 62-13-601 — 62-13-604) › Section 62-13-603 - Unlawful referral solicitation - Unlawful retribution for existence of agency relationship

(a)
It is unlawful for any person or entity to:
(1)
Solicit or request a referral fee from a real estate licensee without reasonable cause; or
(2)
Threaten to reduce or withhold employee relocation benefits or to take other action adverse to the interests of a client of a real estate licensee because of an agency relationship.
(b)
Reasonable cause allows a real estate licensee to solicit or request a referral fee but does not necessarily mean that the licensee has a legal right to be paid a referral fee.
Acts 1999, ch. 160, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 6 - AGENCY CONTRACTS AND REFERRAL FEES (§§ 62-13-601 — 62-13-604) › Section 62-13-604 - Unlawful interference with agency relationship

It is unlawful for a real estate licensee, a relocation firm or a firm with a corporate relocation policy or benefits, or anyone on behalf of any such licensee or firm, to counsel a client of another real estate licensee on how to terminate or amend an existing agency contract. Communicating corporate relocation policy or benefits to a transferring employee shall not be considered a violation of this part, as long as the communication does not involve advice or encouragement on how to terminate or amend an existing agency contract.
Acts 1999, ch. 160, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-101 - Registration requirement

(a)
In order to safeguard the life, health or property of the public, the practice of land surveying in this state is declared to be subject to regulation in the public interest.
(b)
It is unlawful for any person to practice or offer to practice land surveying in the state or to use in connection with the person's name or otherwise assume or advertise any title or description tending to convey the impression that the person is a land surveyor, unless the person has been duly registered or exempted under this part.
Acts 1969, ch. 207, § 1; T.C.A., § 62-1801.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-102 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Board" means the state board of examiners for land surveyors, provided for by this part;
(2)
"Land surveyor" means a person who is engaged in the practice of land surveying;
(3)
"Practice of land surveying" means any service of work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting of property boundaries and for the platting and layout of lands and subdivisions of land, including the topography, drainage, alignment and grades of streets, and for the preparation and perpetuation of maps, records, plats, field notes, records and property descriptions that represent these surveys; and
(4)
A person shall be construed to "practice or offer to practice" land surveying within the meaning and intent of this part, who:
(A)
Engages in land surveying;
(B)
By verbal claim, sign, letterhead, card or in any other way represents that the person is a land surveyor; or
(C)
Represents that the person is able to perform land surveying in this state.
Acts 1969, ch. 207, § 2; 1979, ch. 97, § 1; T.C.A., § 62-1802.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-103 - Establishment of board - Professional members

(a)
(1)
To carry out this part, there is hereby created a state board of examiners for land surveyors. This board shall consist of three (3) members to be appointed by the governor under the conditions described as follows: initially the governor shall appoint on the board three (3) land surveyors, qualified as herein required, one (1) of whom shall come from each of the three (3) grand divisions, designating one (1) of those persons to serve for a period of two (2) years, one (1) for a period of four (4) years and one (1) for a period of six (6) years.
(2)
Shortly before the expiration of the term of each member, a successor shall be appointed from the same grand division.
(3)
The term of office of all members shall begin on July 1 following their appointment, except those appointed to fill vacancies, but each member shall hold office until a successor is appointed and qualified.
(4)
Each appointment after the first shall be for a period of six (6) years.
(b)
The board is attached for administrative purposes to the division of regulatory boards in the department of commerce and insurance.
(c)
(1)
Appointments to the board may be made by the governor from lists of qualified nominees submitted by interested land surveyor groups, including, but not limited to, the Tennessee Association of Professional Surveyors. The lists shall be submitted at least sixty (60) days before the expiration of any term or, in the case of vacancies occurring during terms of office, within thirty (30) days following the occurrence of the vacancy. The governor shall consult with such interested groups to determine qualified persons to fill the positions.
(2)
In making appointments to the board under the authority of this section or under the authority of §
62-18-104
, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(d)
(1)
The three (3) members of the board shall each have had at least ten (10) years' experience in the practice of land surveying and shall have been in responsible charge of work for at least five (5) years.
(2)
Each member of the board shall be a citizen of the United States and shall have been a resident of this state for five (5) years at the time of appointment, and shall be at least thirty-five (35) years of age.
(e)
The governor may remove any member of the board for misconduct, incapacity or neglect of duty.
Acts 1969, ch. 207, §§ 3, 4; impl. am. Acts 1971, ch. 137, § 1; Acts 1973, ch. 89, § 1; 1977, ch. 73, § 1; 1978, ch. 906, § 25; 1979, ch. 21, § 2; T.C.A., § 62-1803; Acts 1988, ch. 1013, § 33; 2012 , ch. 795, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-104 - Public member

In addition to appointments made pursuant to §
62-18-103
, the board shall also consist of one (1) member who shall be appointed by the governor for a six-year term, each term to begin on July 1 and who shall not be engaged in the practice of land surveying. The member shall be a resident of this state and shall possess good moral character.
Acts 1979, ch. 21, § 2; T.C.A., § 62-1804; Acts 1983, ch. 257, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-105 - Board members' certificates - Legal services - Seal

(a)
Each member of the board shall receive a certificate of appointment from the governor and, before beginning the member's term of office, shall file with the secretary of state the constitutional oath of office.
(b)
No one, except a person appointed pursuant to §
62-18-104
, shall be eligible for membership on the board who does not at the time hold an unexpired certificate to practice land surveying issued under this part.
(c)
The board or any committee of the board shall be entitled to the services of an attorney general in connection with the affairs of the board, and the board shall have power to compel the attendance of witnesses, may administer oaths and may take testimony concerning matters within its jurisdiction.
(d)
The board shall adopt and have an official seal, which shall be affixed to all certificates of registration granted, and shall make all bylaws and rules not inconsistent with the law in performing its duty.
Acts 1969, ch. 207, § 5; 1979, ch. 21, § 3; T.C.A., § 62-1805.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-106 - Board meetings - Officers - Rules

(a)
(1)
The board shall hold at least one (1) regular meeting each year.
(2)
Special meetings shall be held at such times as the bylaws of the board may provide.
(3)
Notice of all meetings shall be given in the manner that the bylaws of the board may provide.
(4)
The board shall elect annually from its members a chair and vice chair.
(5)
A quorum of the board shall consist of a simple majority of the members.
(b)
The director of the division of regulatory boards in the department of commerce and insurance or the director's designee shall serve as secretary for the board.
(c)
The board shall, in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate rules and regulations that incorporate and establish minimum acceptable standards of practice for licensed land surveyors.
(d)
The board has the authority to establish continuing educational requirements and standards for land surveyors. Any rules promulgated to effect this subsection (d) shall be promulgated in compliance with the Uniform Administrative Procedures Act.
(e)
Any continuing education requirements established pursuant to this part shall provide that persons practicing land surveying who were born prior to January 1, 1928, shall be exempt from complying with continuing education standards and requirements.
Acts 1969, ch. 207, § 6; 1978, ch. 906, § 26; 1979, ch. 21, § 4; T.C.A., § 62-1806; Acts 1991, ch. 6, § 1; 1996, ch. 783, § 1; 1998, ch. 754, § 1; 2000, ch. 652, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-107 - Deposit of fees - Operating funds

(a)
The secretary of the board shall receive and account for all moneys derived under this part and shall deposit the moneys into the state treasury as provided by law.
(b)
Financial operation of the board shall be governed by existing laws and financial practices of this state.
(c)
All expenses certified by the board as properly and necessarily incurred in the discharge of its duties, including authorized compensation and the necessary expenses incident to cooperation with like boards of other states, shall be paid on the warrant of the commissioner of finance and administration issued on requisitions signed by the chair and secretary of the board.
(d)
Funds received under this part shall be subject to allotment by the commissioner, and no expenditures shall be made by the board out of fees collected by it unless and until the allotments have been made by the commissioner under §§
4-3-1006
,
9-4-5101
- 9-6-5106 and 9-6-5108 - 9-6-5114, inclusive.
Acts 1969, ch. 207, § 7; 1972, ch. 578, § 1; 1976, ch. 806, § 1(106); 1978, ch. 906, § 27; T.C.A., § 62-1807; Acts 1984, ch. 676, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-108 - Records

(a)
The board shall keep a record of its proceedings and register of all applicants for registration, showing for each the date of application, name, age, educational and other qualifications, place of business and place of residence, whether or not an examination was required and whether the applicant was rejected or a certificate of registration granted, and the date of such action.
(b)
The books and register of the board shall be prima facie evidence of all matters recorded in the books and register.
(c)
A roster showing the names and places of business and of residence of all registered land surveyors shall be prepared by the secretary of the board each year. The roster may be printed out of the funds of the board as provided in §
62-18-107
.
Acts 1969, ch. 207, § 8; 1975, ch. 165, § 12; 1978, ch. 906, § 28; T.C.A., § 62-1808; Acts 1983, ch. 257, §§ 2, 3; 2001, ch. 261, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-110 - Reciprocity

Any applicant may, in the absence of disqualifying evidence, be deemed by the board to be fully qualified to practice land surveying if the applicant holds a like unexpired certificate of registration issued to the applicant after examination by proper authority in the District of Columbia or in any state or territory in the United States in which the examination and requirements for the registration of land surveyors are of a standard satisfactory to the board.
Acts 1969, ch. 207, § 10; T.C.A., § 62-1810.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-111 - New evidence - Prerequisites for third examination

(a)
Applicants for registration in cases where the evidence originally presented in the application does not appear to the board conclusive or as warranting the issuance of a certificate may present further evidence, which may include the results of a required examination, for the consideration of the board.
(b)
Any applicant who fails the examination twice shall not be admitted to another examination unless the applicant demonstrates to the board's satisfaction that the applicant has diligently studied the subjects covered on the examination.
Acts 1969, ch. 207, § 10; T.C.A., § 62-1810; Acts 1983, ch. 257, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-112 - Determination of qualifications - Fee retained in case of rejection

(a)
In determining the qualifications of applicants for registration as land surveyor, a majority vote of the members of the board is required.
(b)
In case the board denies the issuance of a certificate to an applicant, the registration fee deposited shall be retained by the board as an examination fee.
Acts 1969, ch. 207, § 10; T.C.A., § 62-1811.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-113 - Expiration date of certificates

Certificates of registration expire on December 31 of each odd-numbered year and are invalid after that date unless renewed. It is the sole responsibility of any person registered as a land surveyor to renew the person's registration on or before the date of its expiration.
Acts 1969, ch. 207, § 10; T.C.A., § 62-1812; Acts 1998, ch. 676, § 1; 2001, ch. 77, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-114 - Notice of expiration - Renewal

(a)
The board shall notify each person registered under this part of the date of expiration of the person's certificate and the amount of the fee required for its renewal. The notice shall be sent at least sixty (60) days in advance of the expiration of the certificate.
(b)
It is the responsibility of any person registered under this part to notify the board, in writing, of any change of address. Persons registered under this part may notify the board by e-mail of a change in their address.
(c)
Certificates of registration shall be subject to late renewal for a period of one (1) year following their expiration date by payment of the renewal fee, plus a penalty in an amount set by the board, for each month or fraction of a month that elapses before payment is received. Any person whose registration has expired for more than one (1) year shall make application for registration; provided, that the board may, in its discretion, waive any further examination of such an applicant.
Acts 1969, ch. 207, § 10; 1971, ch. 86, § 1; 1977, ch. 182, § 2; T.C.A., § 62-1813; Acts 1983, ch. 257, § 6; 1985, ch. 147, § 4; 1989, ch. 360, § 9; 1990, ch. 1026, § 41; 1998, ch. 676, § 2; 2001, ch. 77, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-115 - Investigations and prosecutions

It is the duty of the board to inquire into the identity of any person claiming to be a land surveyor and to prosecute any person violating this part.
Acts 1969, ch. 207, § 10; T.C.A., § 62-1814.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-116 - Denial, suspension or revocation of certificate - Disciplinary action

(a)
(1)
The board may refuse to issue a certificate of registration, may revoke, suspend or refuse to renew a certificate of registration or may take other lawful disciplinary action against any land surveyor registered under this part for any of the following causes:
(A)
Any fraud or deceit in obtaining a certificate of registration;
(B)
Any incompetency, misconduct or gross negligence in the practice of land surveying;
(C)
Any violation of this part or of any rules duly adopted under this part;
(D)
Any failure to comply with the minimum acceptable standards of practice established pursuant to §
62-18-106(c)
;
(E)
Any conviction of a felony for the commission of an offense that bears directly on the person's fitness to practice competently. However, an action taken under this subdivision (a)(1)(E) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or
(F)
Any revocation, suspension, disciplinary action or voluntary surrender of a license or certificate of registration to practice land surveying in any jurisdiction.
(2)
Any person may prefer charges against any land surveyor registered under this part on any of the grounds in subdivision (a)(1). The charges shall be in writing, sworn to by the complainant, and shall specifically state the factual basis for the charges.
(3)
Subdivision (a)(2) shall not be construed to preclude the board from filing charges against a land surveyor on its own motion.
(b)
Nothing in this part shall be construed to negate the right of any person, partnership, firm, joint stock association or corporation from appealing to the civil courts for relief.
(c)
The affirmative vote of a majority of the members of the board shall be necessary in order to revoke the certificate of registration of any land surveyor registered under this part or to reissue a certificate of registration to any person whose certificate has been revoked.
(d)
The board shall notify the register of deeds of each county that would likely be affected by the revocation or suspension of a certificate of registration or the reissuance of a revoked or suspended certificate of registration.
Amended by 2018 Tenn. Acts, ch. 745, s 10, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 719, s 4, eff. 4/6/2016.
Acts 1969, ch. 207, § 11; 1980, ch. 451, § 5; T.C.A., § 62-1815; Acts 1983, ch. 257, §§ 7, 8; 1998, ch. 676, §§ 3 - 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-117 - Replacement of lost or destroyed certificates

A new certificate of registration to replace any certificate lost, destroyed or mutilated may be issued, subject to the rules and regulations of the board. A charge of fifty dollars ($50.00), or such other amount as set by the board, shall be made for reissuance.
Acts 1969, ch. 207, § 11; T.C.A., § 62-1816; Acts 1990, ch. 1026, § 24; 1998, ch. 676, § 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-118 - Certificate as evidence

The issuance of a certificate of registration by this board shall be evidence that the person named in the certificate is entitled to all the rights and privileges of a land surveyor while the certificate remains unrevoked or unexpired.
Acts 1969, ch. 207, § 12; T.C.A., § 62-1817.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-119 - Seal of registrant

(a)
Each registrant under this part shall, upon registration, obtain a seal of the design authorized by the board, bearing the registrant's name and the legend "Registered Land Surveyor."
(b)
Maps, plats, surveys or other documents issued by a registrant shall be stamped with the seal during the life of the registrant's certificate, but it is unlawful for anyone to stamp or seal any documents with the seal after the certificate of the registrant named on the certificate has expired or has been revoked, unless the certificate has been renewed or reissued.
(c)
(1)
No surveyor shall affix a seal or stamp to any document that has not been prepared by that surveyor or under that surveyor's individual supervision.
(2)
The survey used in making plats must be made by the surveyor or the surveyor's employees or members of a partnership, firm or joint stock association of which the surveyor is a member, and the surveyor affixing the surveyor's seal to the survey must be in responsible charge of those making the surveys in such association with the surveyor.
(d)
The board may adopt rules and regulations pertaining to the affixing to and endorsement of the registrant's seal on surveying documents that may be necessary to implement compliance with this section.
Acts 1969, ch. 207, § 12; 1973, ch. 89, § 2; T.C.A., § 62-1818.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-120 - Violations

(a)
A person commits a Class C misdemeanor who:
(1)
Presents or attempts to file as that person's own the certificate of registration of another;
(2)
Gives forged or willfully false evidence of any kind to the board or any member of the board for the purpose of obtaining a certificate;
(3)
Falsely impersonates any other practitioner; or
(4)
Uses or attempts to use an expired or revoked certificate of registration.
(b)
Any person who practices or offers to practice land surveying in this state in violation of this part commits a Class C misdemeanor. Each day of violation constitutes a separate offense.
(c)
A person shall be construed to practice, or offer to practice, land surveying who, by verbal claim, sign, advertisement, letterhead, card or any other way, represents the person to be a land surveyor, with or without qualifying adjectives, or through the use of some other title implies that the person is a land surveyor.
(d)
The grand juries of the state are given inquisitorial power over all violations of this part, and the judges of the courts shall give inquisitorial power in their charges to the grand juries.
(e)
It is the duty of the members of the board to report any violations of this part to the proper authorities.
(f)
"Person," as used in this section, includes firms and corporations.
(g)
Prosecutions for any person who practices or offers to practice land surveying in this state in violation of this part shall be commenced within four (4) years next after the offense has been committed.
Acts 1969, ch. 207, § 13; T.C.A., § 62-1819; Acts 1985, ch. 146, § 2; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-122 - Business associations - Personal liability

(a)
The right to engage in the practice of land surveying shall be deemed a personal right, based upon the qualifications of the individual, evidenced by the individual's registration certificate and shall not be transferable.
(b)
Any registered land surveyor may practice the profession through the medium of, or as a member or as an employee of, a partnership, firm, joint stock association or corporation; provided, that all surveys are signed and stamped with the signature and seal of the registered land surveyor in responsible charge.
(c)
The registered land surveyor signing and sealing surveys is responsible, personally and professionally, for the surveys.
Acts 1969, ch. 207, § 15; 1979, ch. 97, § 2; T.C.A., § 62-1821.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-123 - Hearings and judicial review

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 1980, ch. 451, § 11; T.C.A., § 62-1823.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-124 - Right-of-entry - Liability - Notice to landowners - Injunctions

(a)
A professional land surveyor, the professional land surveyor's agents, employees and personnel under the professional land surveyor's supervision, may go on, over and upon the lands of others when necessary to perform surveys for the location of property corners, boundary lines, rights-of-way and easements, and, in so doing, may carry with them their customary equipment and vehicles.
(b)
A professional land surveyor, the professional land surveyor's agents, employees and personnel under the professional land surveyor's supervision entering the lands of others under the right granted by subsection (a), and doing no unnecessary injury, are liable only for the actual damage done, and, if sued in such case, the plaintiff shall recover only as much costs as damages.
(c)
Nothing in this section shall be construed as giving authority to a professional land surveyor, the professional land surveyor's agents, employees or personnel under the professional land surveyor's supervision to destroy, injure, damage or move anything on the lands of another without the written permission of the landowner, and nothing in this section shall be construed as removing civil liability for such damage.
(d)
A licensed land surveyor during the conduct of a boundary survey where there is discovered, or reasonably should have been discovered, any major apparent discrepancy as defined by the board between the deed descriptions of adjoiners, evidence of use or possession not consistent with deed descriptions or otherwise has notice that there is an adverse claim across a boundary, shall notify the affected adjoiners. Notice to nonresident or absentee owners will be by mail to the current address used for mailing property tax notices. In cases in which the landowner does not reside on the property, reasonable effort shall mean notification by certified mail.
(e)
No owner or occupant of the land shall be liable for any injury or damage sustained by any person entering upon the land under this section.
(f)
Injunctive relief may be had against a landowner restricting entry to the landowner's land in violation of this section by petition addressed to the circuit or chancery court of the division in which the violation is alleged to have occurred.
Acts 1984, ch. 934, §§ 2-5; 2000, ch. 930, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-125 - Schedule of fees

(a)
The board shall establish a schedule of fees for the following categories:
(1)
Examination fee;
(2)
Licensing fee; and
(3)
Renewal fee.
(b)
The board shall, in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate necessary rules and regulations to establish the schedule of fees authorized by this section.
Acts 1985, ch. 147, § 5; 1989, ch. 523, § 157.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-126 - Nonmonumentation procedures authorized as closing or loan surveys

Notwithstanding any other law to the contrary, all limited nonmonumentation procedures or practices, such as mortgage loan inspections, mortgage loan certificates, mortgage title inspections and improvement loan certificates, shall be authorized as closing or loan surveys.
Acts 1990, ch. 1026, § 66.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-127 - Duty to research common boundaries

A professional land surveyor shall search the land records of the land to be surveyed filed in the register of deeds office and obtain the deeds of record of all the adjoining landowners as it pertains to the common boundaries. The professional land surveyor shall have the additional responsibility to utilize documents of public record or unrecorded documents or plats supplied to the surveyor at the time of the survey to resolve any discrepancies between the subject land and any adjoining lands. Evidence found from these sources shall be carefully compared with that located or found in the field survey in order to aid in the establishment of the original boundaries of the land being surveyed. It is not the intent of this section to require the professional land surveyor to research the title or encumbrances on the land involved.
Acts 2004, ch. 520, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 1 - LAND SURVEYOR GENERAL PROVISIONS (§§ 62-18-101 — 62-18-128) › Section 62-18-128 - Retiring license - Reinstatement - Retirement of license no bar to disciplinary action - Nontransferable

(a)
Any licensee may retire the licensee's license by submitting a form prescribed by the board accompanied by the current active license certificate and a fee of twenty-five dollars ($25.00). Upon receipt of an acceptable application to retire, the board shall issue a retired license certificate to the surveyor. The holder of a retired license shall not be entitled to practice as a surveyor unless the licensee is reinstated in accordance with subsection (c).
(b)
Any licensee who is not engaged in work or activities that require a surveyor's license may apply for a retired license.
(c)
A retired license may be reinstated by submitting an application acceptable to the board, by paying the full renewal fee for an active license and by fulfilling all other requirements of this part, including, but not limited to, successfully completing all examination requirements.
(d)
The retired status of a license shall not bar any disciplinary action by the board against a licensee for any of the causes provided in this part.
(e)
No retired license is transferable.
(f)
The board is authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2010, ch. 1139, §§ 1, 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-201 - Short title

This part shall be known and may be cited as the "Soil Scientist Licensure Act of 2009."
Acts 2010, ch. 1032, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-202 - Legislative findings - Purpose

The general assembly finds that the competent and proper application of soil science principles by soil scientists is vital to the lives, property, economy, security, and environment of the people of this state. In order to safeguard life, health, and property and to promote the public welfare, the practice of soil science in this state is hereby declared to be subject to regulation in the public interest. Furthermore, the practice of soil science is hereby declared a learned profession to be practiced and regulated as such, and its practitioners in this state shall be held accountable to the state and members of the public by high professional standards in keeping with the ethics and practices of other learned professions in this state. The purpose of this part is to introduce additional qualifying criteria in a professional field at present only partially regulated, thereby benefiting the safety, health, and property of the people of Tennessee and promoting the public welfare. The fields of soil science expected to benefit are those related to the environment, soil classification and mapping, the inventory of the soil as a resource, basic soil science research, and other soil science matters of concern to the people of this state. This legislation does not attempt to infringe upon the current licensed professions of engineers, geologists, surveyors, or the persons who work directly for them as either their employees or as subcontractors. This legislation differentiates the principles of soil science from those respected and established fields.
Acts 2010, ch. 1032, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-203 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Classification" means the use and application of the current United States department of agriculture (USDA) soil taxonomy standard as revised, classifying soils to the order, suborder, great group, subgroup, family, series, or phase of series level;
(2)
"Commissioner" means the commissioner of commerce and insurance, or the commissioner's designee;
(3)
"Department" means the department of commerce and insurance;
(4)
"Licensed professional soil scientist" means a person who is licensed as a soil scientist under this part;
(5)
"Practice of soil science" means providing soil science services except as specifically exempted by this part. Soil science services include the investigation, inspection, collection, or evaluation of soil as a means to classify soil pursuant to the use and application of the USDA soil taxonomy standard, as revised, or the interpretation, inventory, planning, or mapping resulting from classifying soils;
(6)
"Responsible charge of work" means accountable, independent control and direction by the use of initiative, skill, and independent judgment, of soil science work or supervision of soil science work;
(7)
"Soil science" means the science concerning the earth's mantle and its use by all humans including:
(A)
The classification, investigation, mapping and inventorying of soil; and
(B)
The study of the interaction of soil forming factors;
(i)
Climate;
(ii)
Organisms;
(iii)
Relief;
(iv)
Parent material; and
(v)
Time;
(8)
"Soil scientist" means a person qualified by education and practical experience to engage in the practice of soil science; and
(9)
"Soil scientist in training" means a person who has met or is pursuing the educational requirements of §
62-18-208
, but is not qualified to be licensed as a professional soil scientist.
Acts 2010 , ch. 1032, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-204 - Restrictions on the practice of soil science

No person shall:
(1)
Classify soils pursuant to the use and application of the USDA soil taxonomy standard, as revised, prepare any soil maps, reports, or documents resulting from the classification of soils, other than a licensed professional soil scientist or a subordinate under such soil scientist's direction;
(2)
Practice soil science in this state unless such person is licensed under this part. A certificate of licensure is not transferable;
(3)
Offer to practice soil science in this state unless such person is licensed under this part. To offer to practice soil science in this state includes the making of a verbal claim, displaying a sign or other advertisement, using letterhead, printing cards, or using in connection with a person's name any title or description stating or implying that the person is a licensed professional soil scientist;
(4)
On or after July 1, 2011, seal or stamp any plans, plats, reports or other documents with the seal or stamp of a licensed professional soil scientist, or use in any manner the title "licensed professional soil scientist" or the title of any licensed certified specialty soil scientist unless licensed or licensed and certified under this part;
(5)
Affix such person's signature, seal, or stamp to any maps, reports, or other documents after such person's licensure has expired or has been suspended or revoked, unless such person's licensure has been renewed or reissued;
(6)
Give any false or forged evidence of any kind to the commissioner when seeking to obtain the person's certificate of licensure;
(7)
Falsely impersonate any other licensee of like or different name; or
(8)
Attempt to use an expired or revoked certificate of licensure or continue to practice soil science at any time during a period during which the commissioner has suspended or revoked the person's certificate of licensure.
Acts 2010, ch. 1032, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-205 - Contracting for soil science services

This state and any county, municipality, agency, board, district, commission, authority, or other political subdivision of the state shall only contract for soil science services with persons licensed under this part or with a firm employing a licensed professional soil scientist who shall be in responsible charge of providing such services, except as otherwise provided by this part.
Acts 2010, ch. 1032, § 6.