reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 2 - GENERAL PROVISIONS (§§ 62-38-201 — 62-38-213) › Section 62-38-208 - Violation for operating without a permit or with a revoked or suspended permit

(a)
Any person who does not obtain a permit as required in §
62-38-202
or whose permit has been revoked or suspended and who continues to tattoo or operate a tattoo establishment commits a Class B misdemeanor punishable only by a fine of five hundred dollars ($500).
(b)
Any suspension or revocation may be appealed to the local health officer who shall then conduct a hearing of the appeal in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The decision made by the local health officer concerning the appeal may be appealed to the commissioner, the appeal to the commissioner being limited to the issue of determining whether a material error of law was made at the hearing level.
(c)
The department is encouraged to utilize its existing resources to collaborate with local law enforcement to identify and assess administrative penalties against persons who violate this part.
Acts 1996, ch. 1004, § 9; 1999, ch. 229, § 8; 2012 , ch. 981, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 2 - GENERAL PROVISIONS (§§ 62-38-201 — 62-38-213) › Section 62-38-209 - Hygiene - Equipment - Bandaging, removal of tattoos

(a)
Each tattoo artist shall use a single use lap cloth.
(b)
Each tattoo artist shall thoroughly wash the tattoo artists's hands with an antibacterial solution and hot running water prior to and after administering any tattoo.
(c)
Disposable, latex examination gloves shall be worn by a tattoo artist at all times while administering any tattoo. Gloves shall be changed and properly disposed of each time there is an interruption in the application of a tattoo or whenever their ability to function as a barrier is compromised.
(d)
Only single use supplies or sterilized equipment may be used to apply a tattoo and shall be disposed of after each tattoo. This subsection (d) includes single use disposable razors, single use towels or wipes, lubricants from a collapsible tube and single use paper stencils or plastic stencils soaked in a germicidal solution. If the design is drawn directly onto the skin, it shall be applied only with a single use article. Dyes or pigments should be manufactured for the sole purpose of tattooing. Single use or individual portions of dye and ink pots or trays shall be used. After tattooing, single use items, dyes and containers shall be discarded and the tattoo area disinfected.
(e)
All tubes and needles should be sealed for individual client use in autoclave bags with an autoclave indicator and date of sterilization clearly visible. Autoclave bags may be stored for use for up to one (1) year. Autoclave sterilization minimum standards shall mean holding in an autoclave for twenty (20) minutes, at fifteen pounds (15 lbs.) pressure, at a temperature of two hundred sixty degrees fahrenheit (260° F.) or one hundred twenty-seven degrees celsius (127° C). After tattooing, used nondisposable instruments such as tubes shall be kept in a separate, puncture resistant container until properly cleaned, disinfected and sterilized using universal precautions and recognized medical methods.
(f)
Each tattoo shall be bandaged, when applicable, before leaving the tattoo studio.
(g)
No tattoo artist shall remove or attempt to remove any tattoo.
Acts 1996, ch. 1004, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 2 - GENERAL PROVISIONS (§§ 62-38-201 — 62-38-213) › Section 62-38-210 - Local regulations superseded - Applicability to physicians and surgeons

(a)
This part shall supersede all county and local regulations concerning tattooing to give uniformity in compliance within this state.
(b)
This part does not apply to any physician, surgeon or any person under the supervision of a physician or surgeon who is licensed to practice medicine in this state.
(c)
The commissioner shall promulgate rules governing implementation of this chapter.
Acts 1996, ch. 1004, § 11; 1999, ch. 229, § 9; 2012, ch. 981, § 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 2 - GENERAL PROVISIONS (§§ 62-38-201 — 62-38-213) › Section 62-38-212 - Possession of tattoo paraphernalia

(a)
For the purposes of this section, "tattoo paraphernalia" includes, but is not limited to, any equipment, design patterns or needles used or intended for use in tattooing, whether professionally made or homemade, with the intent to permanently mark or color the skin with any pigment, ink, or dye that leaves a visible scar on the skin.
(b)
(1)
Except when used or possessed with the intent to use by a person licensed under this part, it is unlawful for any person to use, or to possess with intent to use, tattoo paraphernalia.
(2)
Any person who violates this subsection (b) commits a Class A misdemeanor.
Acts 2012, ch. 981, § 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 2 - GENERAL PROVISIONS (§§ 62-38-201 — 62-38-213) › Section 62-38-213 - Age requirements for purchase of tattoo paraphernalia - Possession prohibited for persons under 18 - Penalty - Proof of age required

(a)
As used in this section:
(1)
"Proof of age" means a driver license or other generally accepted means of identification as determined by the commissioner by rule that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid; and
(2)
"Tattoo paraphernalia" has the same meaning as defined in §
62-38-212(a)
.
(b)
It is an offense to sell or distribute tattoo paraphernalia to a person under eighteen (18) years of age or to purchase tattoo paraphernalia on behalf of a person under eighteen (18) years of age.
(c)
A person who is under eighteen (18) years of age shall not purchase or accept receipt of tattoo paraphernalia, or present or offer to a person purported proof of age that is false, fraudulent, or not actually that person's own for the purpose of purchasing or receiving tattoo paraphernalia.
(d)
A violation of subsection (b) is a Class A misdemeanor.
(e)
A violation of subsection (c) is a delinquent act, punishable only by a fine not to exceed fifty dollars ($50.00).
(f)
Each violation of subsection (b) or (c) is a separate offense.
(g)
This section does not preclude law enforcement efforts involving the use of a person under eighteen (18) years of age if the person's parent or legal guardian has consented to this action.
(h)
A person who is under eighteen (18) years of age and who is cooperating with law enforcement officers in an operation designed to test the compliance of other persons with this section is not subject to sanctions under subsection (e).
(i)
A person engaged in the sale or distribution of tattoo paraphernalia shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under thirty (30) years of age. In the case of distribution by mail, the distributor of the tattoo paraphernalia shall obtain from the addressee as proof of age an affirmative statement that the person is eighteen (18) years of age or older, and shall inform the recipient that the person is strictly prohibited from distributing tattoo paraphernalia to a person under eighteen (18) years of age.
Added by 2023 Tenn. Acts, ch. 90, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 3 - BODY PIERCING (§§ 62-38-301 — 62-38-311) › Section 62-38-302 - License required - Sanitation and sterilization compliance required

No person shall perform a body piercing procedure without a license and in a manner that does not meet the standards for appropriate disinfecting and sterilization of invasive equipment used in performing the procedures established by this part and the rules adopted pursuant to this part.
Acts 2001, ch. 336, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 3 - BODY PIERCING (§§ 62-38-301 — 62-38-311) › Section 62-38-303 - Permit required

(a)
To receive approval to offer body piercing services, a business must obtain a permit and demonstrate to the commissioner the ability to meet the requirements established by this part and the rules adopted pursuant to this part for safe performance of the body piercing procedures, training of the individuals who perform the procedures and maintenance of the required records.
(b)
No person shall operate a business that offers body piercing services unless the commissioner has approved the business pursuant to this part. No person shall perform a body piercing procedure in a way that does not meet the safety and sanitation standards established pursuant to this part.
Acts 2001, ch. 336, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 3 - BODY PIERCING (§§ 62-38-301 — 62-38-311) › Section 62-38-304 - Inspections

The commissioner shall conduct at least one (1) inspection of a business prior to issuing a permit under this part for a business to offer and perform body piercing services. The commissioner may conduct additional inspections as necessary for the approval process relative to each business. The commissioner may inspect an approved business at any time the commissioner deems necessary. In an inspection, the commissioner shall be given access to the premises of the business and to all records deemed relevant by the commissioner for the inspection.
Acts 2001, ch. 336, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 3 - BODY PIERCING (§§ 62-38-301 — 62-38-311) › Section 62-38-306 - Age restrictions - Required records - Penalty for violations

(a)
(1)
Unless consent has been given in accordance with §
62-38-305
, no individual who is under age eighteen (18) shall obtain or attempt to obtain a body piercing procedure.
(2)
No individual shall knowingly show or give false information concerning the individual's name, age or emancipation.
(b)
(1)
No individual shall knowingly show or give any false information as to the name, age or other identification of an individual who is under age eighteen (18) for the purpose of obtaining for the individual under age eighteen (18) a body piercing procedure.
(2)
No individual shall impersonate the parent, legal guardian or legal custodian of an individual who is under age eighteen (18) for the purpose of obtaining for the individual under age eighteen (18) a body piercing procedure.
(3)
The operator shall require proof of age for any patron under the age of twenty-seven (27) and the operator shall retain a copy of the patron's proof of age documentation in the files of the business for a period of two (2) years from the time of the body piercing.
(c)
It is a Class C misdemeanor for a violation of subdivision (b)(2) by an individual over the age of seventeen (17) who impersonates a parent, legal guardian or legal custodian.
Acts 2001, ch. 336, § 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 3 - BODY PIERCING (§§ 62-38-301 — 62-38-311) › Section 62-38-307 - Continuing requirements of body piercing business

Each operator of a business that offers body piercing services shall do all of the following:
(1)
Maintain procedures for ensuring that the technicians who perform body piercing procedures are adequately trained to perform the procedures properly;
(2)
Comply with the safety and sanitation requirements for preventing transmission of infectious diseases;
(3)
Require the technicians who perform body piercing procedures to disinfect and sterilize all invasive equipment or parts of equipment used in performing the procedures; and
(4)
Ensure that weekly tests of the business's heat sterilization devices are performed that indicate whether the devices are killing microorganisms. The operator shall maintain documentation that the weekly tests are being performed, as well as the results of each test.
Acts 2001, ch. 336, § 8.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 3 - BODY PIERCING (§§ 62-38-301 — 62-38-311) › Section 62-38-308 - Administrative and regulatory action authorized

(a)
The commissioner shall promulgate emergency rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the implementation and enforcement of this part. The rules shall include, at a minimum, all of the following:
(1)
Safety and sanitation standards and procedures to be followed to prevent the transmission of infectious diseases during the performance of body piercing procedures, including a requirement that the operator provide to each patron printed instructions on the care of the skin after body piercing and requiring a copy of the instructions to be posted in a conspicuous place in the body piercing establishment;
(2)
Standards and procedures to be followed for appropriate disinfecting and sterilization of all invasive equipment or parts of equipment used in body piercing procedures; and
(3)
Procedures for suspending and revoking licenses and permits pertaining to body piercing.
(b)
The rules promulgated pursuant to this part shall establish universal blood and body fluid precautions to be used by any technician who performs body piercing procedures.
(c)
The rules promulgated pursuant to this part may include standards and procedures to be followed by a business that offers body piercing services to ensure that the technicians who perform body piercing procedures for the business are adequately trained to perform the procedures properly.
(d)
The rules promulgated pursuant to this part shall establish fees for issuing licenses and permits, as well as penalties for late payment. The fees shall be sufficient to cover one hundred percent (100%) of the department's cost of the program.
Acts 2001, ch. 336, § 9; 2009, ch. 566, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 3 - BODY PIERCING (§§ 62-38-301 — 62-38-311) › Section 62-38-310 - Penalty

A violation of this part by an operator or a technician is a Class B misdemeanor.
Acts 2001, ch. 336, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 38 - TATTOOS AND BODY PIERCING (§§ 62-38-201 — 62-38-311) › Part 3 - BODY PIERCING (§§ 62-38-301 — 62-38-311) › Section 62-38-311 - Sell to minors prohibited - Penalty

(a)
It is an offense to sell or distribute body piercing paraphernalia to a minor or to purchase body piercing paraphernalia on behalf of a minor.
(b)
A minor shall not purchase or accept receipt of body piercing paraphernalia, or present or offer to a person any purported proof of age that is false, fraudulent, or not actually that person's own for the purpose of purchasing or receiving body piercing paraphernalia.
(c)
A violation of subsection (a) is a Class A misdemeanor.
(d)
A violation of subsection (b) is a delinquent act, punishable only by a fine not to exceed fifty dollars ($50.00).
(e)
Each violation of subsection (a) or (b) is a separate offense.
(f)
This section does not preclude law enforcement efforts involving the use of a minor if the minor's parent or legal guardian has consented to this action.
(g)
A minor who is cooperating with law enforcement officers in an operation designed to test the compliance of other persons with this section is not subject to sanctions under subsection (d).
(h)
A person engaged in the sale or distribution of body piercing paraphernalia shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under thirty (30) years of age. In the case of distribution by mail, the distributor of the body piercing paraphernalia shall obtain from the addressee as proof of age an affirmative statement that the person is eighteen (18) years of age or older, and shall inform the recipient that the person is strictly prohibited from distributing body piercing paraphernalia to a person under eighteen (18) years of age.
Added by 2023 Tenn. Acts, ch. 90, s 3, eff. 7/1/2023.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 1 - GENERAL PROVISIONS (§§ 62-39-101 — 62-39-106) › Section 62-39-101 - Short title

This chapter shall be known and may be cited as the "State Licensing and Certified Real Estate Appraisers Law."
Acts 1990, ch. 865, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 1 - GENERAL PROVISIONS (§§ 62-39-101 — 62-39-106) › Section 62-39-103 - License or certificate required

(a)
Except as provided in §
62-39-104
, it is unlawful for anyone to solicit an appraisal assignment or to prepare an appraisal or an appraisal report relating to real estate or real property in this state without first obtaining a real estate appraiser's license or certificate.
(b)
This section shall not be construed to apply to individuals who render professional assistance in arriving at a real estate analysis, opinion or conclusion.
(c)
Nothing in this chapter shall be construed to prohibit any person who is licensed to practice in this state under any other law from engaging in the practice for which the person is licensed.
Acts 1990, ch. 865, § 4; 1991, ch. 366, §§ 4, 5; 1995, ch. 222, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 1 - GENERAL PROVISIONS (§§ 62-39-101 — 62-39-106) › Section 62-39-104 - Applicability

(a)
This chapter does not apply to a real estate broker or salesperson licensed by this state who, in the ordinary course of business, gives an opinion to a potential seller or third party as to the recommended listing price of real estate or an opinion to a potential purchaser or third party as to the recommended purchase price of real estate. This opinion as to the listing price or the purchase price shall not be referred to as an appraisal and no opinion shall be rendered as to the value of the real estate or real property.
(b)
This chapter does not apply to a full-time employee who, in the ordinary course of business, gives an opinion of the value of real estate to the employee's employer; provided, that the opinion may not be represented as an appraisal.
(c)
This chapter shall in no way affect any person who is registered with the state board of equalization in accordance with §
67-5-1514
while performing any service of any nature for any taxpayer before any tax or assessment authority, agency or board of equalization.
(d)
(1)
This chapter does not apply to any evaluation of the value of real estate serving as collateral for a loan made by a federally regulated financial institution or to any evaluation of the value of the assets of a trust held by the institution; provided, that:
(A)
The applicable federal regulator does not require an appraisal by a state-licensed or state-certified appraiser for the loan or trust;
(B)
The evaluation is used solely by the financial institutions in their records to document the collateral or asset value;
(C)
The evaluation shall be labeled on its face "this is not an appraisal"; and
(D)
Individuals performing these evaluations may be compensated for their services.
(2)
Nothing in this chapter shall prevent a state-licensed or state-certified appraiser from performing the evaluation.
Acts 1990, ch. 865, § 5; 1991, ch. 366, § 6; 1992, ch. 697, § 5; 1994, ch. 605, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 1 - GENERAL PROVISIONS (§§ 62-39-101 — 62-39-106) › Section 62-39-105 - Certification - Restrictions on use - Prerequisite to preparing and signing certified appraisal

(a)
No person other than a state certified real estate appraiser under this chapter shall assume or use that title or any title, designation or abbreviation likely to create the impression of certification as a real estate appraiser by this state.
(b)
(1)
Only an individual who has qualified as a state certified real estate appraiser under this chapter is authorized to prepare and sign a certified appraisal report relating to real estate or real property in this state.
(2)
If an appraisal report is prepared and signed by a state certified real estate appraiser and the appraisal report is certified as such by the state certified real estate appraiser, a holder of a real estate appraiser license or a certificate of registration as a real estate appraiser trainee who assisted in the preparation of the appraisal report is authorized to co-sign the appraisal report.
(3)
An individual who has not qualified as a state certified real estate appraiser shall not describe nor refer to any appraisal or appraisal report relating to real estate or real property in this state by the terms "certified appraisal" or "certified appraisal report."
Acts 1990, ch. 865, § 6; 2009, ch. 279, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 1 - GENERAL PROVISIONS (§§ 62-39-101 — 62-39-106) › Section 62-39-106 - State law not to be more stringent than federal law

No state law regulating real estate appraisers shall be more stringent than any federal law regulating real estate appraisers.
Acts 1992, ch. 697, § 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 2 - REAL ESTATE APPRAISER COMMISSION (§§ 62-39-201 — 62-39-205) › Section 62-39-201 - Creation - Composition

(a)
(1)
There is created an independent real estate appraiser commission under the division of regulatory boards in the department of commerce and insurance, whose duty shall be to administer and enforce this chapter.
(2)
The commission shall consist of nine (9) members, one (1) of whom shall be a public member, one (1) of whom shall be a full-time educator of appraisal-related education with the state's universities, colleges and junior colleges, and one (1) of whom shall be from an appraisal management company or financial institution providing appraisal services in Tennessee.
(3)
Six (6) of the members shall be real estate appraisers.
(4)
No more than three (3) commission members may be from any one (1) grand division of the state.
(b)
The governor shall appoint the members of the real estate appraiser commission. In making appointments to the commission, the governor shall strive to ensure that at least two (2) persons serving on the commission are sixty (60) years of age or older and that at least two (2) persons serving on the commission are members of a racial minority. The governor shall strive to appoint to the commission no more than two (2) members of any one (1) appraiser organization.
(c)
Each of the real estate appraiser members first appointed to the commission shall possess a minimum of ten (10) years of active experience as a real estate appraiser.
(d)
Each real estate appraiser member of the commission appointed must be a state certified real estate appraiser or a state licensed real estate appraiser. The governor, in making appointments, shall strive to achieve a balance between certified general, certified residential and licensed appraisers.
(e)
The governor shall make initial appointments of three (3) members for terms of one (1) year, three (3) members for terms of two (2) years, and three (3) members for terms of three (3) years. Thereafter, all members shall be appointed for terms of three (3) years.
(f)
Upon expiration of their terms, members of the commission shall continue to hold office until the appointment and qualification of their successors. No person shall serve as a member of the commission for more than two (2) consecutive terms. The governor may remove a member for cause.
(g)
The public members of the commission shall not be engaged in the practice of real estate appraising.
Acts 1990, ch. 865, § 7; 1991, ch. 366, §§ 7-9; 1992, ch. 697, § 1; 2006, ch. 598, § 1; 2010 , ch. 963, § 28.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 2 - REAL ESTATE APPRAISER COMMISSION (§§ 62-39-201 — 62-39-205) › Section 62-39-202 - Meetings - Compensation

(a)
The commission shall meet at least three (3) times each year to conduct its business. Places of future meetings shall be decided by the vote of members at meetings. Written notice shall be given to each member of the time and place of each meeting of the commission at least ten (10) days before the scheduled date of the meetings.
(b)
The members of the commission shall elect a chair from among the members to preside at commission meetings.
(c)
A majority of the commission shall constitute a quorum. A majority of the members present for a quorum shall be appraiser members.
(d)
Each member of the commission shall be entitled to a per diem allowance of fifty dollars ($50.00) for each meeting of the commission at which the member is present and for each day or substantial part of a day actually spent in the conduct of the business of the commission. In addition, members shall receive actual expenses to be paid in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(e)
The commission at its organizational meeting shall appoint a subcommittee whose duties will be to work with the state's universities, colleges and junior colleges to implement a statewide educational network of appraisal courses leading to an associate or baccalaureate, or both, of applied science degree in real estate appraisal.
Acts 1990, ch. 865, § 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 2 - REAL ESTATE APPRAISER COMMISSION (§§ 62-39-201 — 62-39-205) › Section 62-39-203 - Rules and regulations

The commission shall adopt rules and regulations in aid or in furtherance of this chapter.
Acts 1990, ch. 865, § 8.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 2 - REAL ESTATE APPRAISER COMMISSION (§§ 62-39-201 — 62-39-205) › Section 62-39-204 - Powers and duties

The commission has the power and duty to:
(1)
Further define by regulation, for state licensed appraisers and with respect to each category of state certified real estate appraiser, the type of educational experience, appraisal experience and equivalent experience that will meet the statutory requirements of this chapter;
(2)
Establish the examination specifications for state licensed appraisers and for each category of state certified real estate appraiser, to provide or procure appropriate examination questions and answers and to establish procedures for grading examinations;
(3)
Solicit bids and enter into contracts with one (1) or more educational testing services or organizations for the preparation of a bank of questions and answers for licensing and certification examinations that meet the examination specifications adopted from time to time by the commission;
(4)
Approve licensing and certification examinations, based upon the bank of questions and answers and the question selection process approved by the commission, in places and at times that may be required to carry out its responsibilities under this chapter;
(5)
Approve or disapprove applications for licenses and certification and issue real estate appraisal licenses and certificates;
(6)
Further define by regulation, for state licensed appraisers and with respect to each category of state licensed and certified real estate appraiser, the continuing education requirements for the renewal of certification that will meet the statutory requirements provided in this chapter;
(7)
Review from time to time the standards for the development and communication of real estate appraisals provided in this chapter and to adopt regulations explaining and interpreting the standards;
(8)
Establish administrative procedures for disciplinary proceedings conducted pursuant to this chapter;
(9)
Censure, suspend and revoke licenses and certificates pursuant to the disciplinary proceedings provided for in §§
62-39-326
- 62-39-328;
(10)
Receive applications for state licenses and certification;
(11)
Establish the administrative procedures for processing applications for state licenses and certification;
(12)
Maintain a registry of the names and addresses of people licensed or certified under this chapter;
(13)
Retain records and all application materials submitted to it;
(14)
Collect from the individuals who perform or seek to perform appraisals in federally related transactions an annual registry fee in an amount designated by the federal appraisal subcommittee, the fees to be transmitted to the subcommittee annually;
(15)
Audit from time to time the experience of license and certificate holders for compliance with standards of practice; and
(16)
Perform other functions and duties that may be necessary in carrying out this chapter.
Acts 1990, ch. 865, § 8; 1991, ch. 366, § 10; 1995, ch. 222, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 2 - REAL ESTATE APPRAISER COMMISSION (§§ 62-39-201 — 62-39-205) › Section 62-39-205 - Fees

The commission shall charge and collect fees to be utilized to fund activities that may be necessary to carry out this chapter.
Acts 1990, ch. 865, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-302 - Authorization to appraise certain types of real estate - Licensed appraiser - Certified residential appraiser - Certified general appraiser

(a)
A state licensed appraiser may perform appraisals of the following properties:
(1)
All properties with a transaction value of up to two hundred fifty thousand dollars ($250,000);
(2)
Noncomplex residential properties with a transaction value up to, but not including, one million dollars ($1,000,000); and
(3)
Agricultural properties, including agricultural properties with up to two (2) dwelling units, with a value up to, but not including, one million dollars ($1,000,000).
(b)
A state certified residential appraiser shall be authorized to appraise all properties that a state licensed appraiser may appraise and also all residential real property consisting of one (1) to four (4) units.
(c)
A state certified general appraiser shall have no transaction value limits on the appraiser's appraisal practice.
(d)
Nothing contained within the language of this section shall be construed to authorize a state licensed appraiser to appraise property that federal agencies require to be appraised by a state certified appraiser.
Acts 1990, ch. 865, § 11; 1991, ch. 366, § 12; 1992, ch. 702, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-303 - License - Appraiser - Qualifications

To qualify for a real estate appraiser license, an applicant must:
(1)
Have a high school diploma or its equivalent; and
(2)
Have met the current requirements for licensure as set forth by the appraisal qualifications board of the appraisal foundation.
Acts 1990, ch. 865, § 12; 1991, ch. 108, § 1; 1991, ch. 366, §§ 13, 14; 1994, ch. 605, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-304 - Real estate appraiser trainee - Rules

(a)
As a prerequisite to making application for licensure as a state-licensed real estate appraiser, a state-certified residential real estate appraiser or a state-certified general appraiser, an applicant must register as a real estate appraiser trainee, in addition to all other lawful requirements, then demonstrate two (2) years of service under a state-certified residential real estate appraiser or a state-certified general real estate appraiser as a real estate appraiser trainee or equivalent experience as determined by the commission and in compliance with the Uniform Standards of Professional Appraisal Practice promulgated by the appraisal standards board of the appraisal foundation.
(b)
Eligibility for registration as a real estate appraiser trainee shall be determined by the Tennessee real estate appraisal commission.
(c)
An application for registration as a real estate appraiser trainee shall be accompanied by a nonrefundable application fee.
(d)
A certificate of registration as a real estate appraiser trainee will expire two (2) years following the date of issuance, unless renewed prior to expiration.
(e)
This section shall not apply to persons serving as a trainee under the supervision of a state-certified residential real estate appraiser or a state-certified general real estate appraiser as of June 30, 1997.
Acts 1990, ch. 865, § 13; 1991, ch. 366, § 16; 1997 , ch. 370, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-305 - License - Appraiser - Expiration

If the commission determines that an applicant meets the requirements of this chapter and is qualified for a real estate appraiser license, it shall issue a license to the applicant that shall expire two (2) years following the date of issuance unless revoked or suspended prior to expiration. The expiration date of the license shall appear on the license and no other notice of its expiration need be given to its holder.
Acts 1990, ch. 865, § 14.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-306 - License - Renewal - Regulations

(a)
The commission shall promulgate regulations to ensure that each individual renewing the individual's license as a real estate appraiser under this chapter has a working knowledge of current real estate appraisal theories, practices and techniques that will enable the individual to provide competent real estate appraisal services to the members of the public with whom the individual deals in a professional relationship under the authority of the individual's real estate appraiser license.
(b)
No amendment or repeal of a regulation adopted by the commission pursuant to this section shall operate to deprive a licensed real estate appraiser of credit toward renewal of the appraiser's license for any course of instruction that is successfully completed by the applicant prior to the date of the amendment or repeal of the regulation.
Acts 1990, ch. 865, § 15; 1991, ch. 366, § 17.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-307 - Current, valid license - Application for renewal - Refusal to renew

(a)
To renew a current, valid real estate appraiser license, the holder of the license shall file an application on a form approved by the commission and pay the prescribed renewal fee to the commission no earlier than one hundred twenty (120) days prior to the expiration date of the license then held. Each application for renewal shall be accompanied by evidence in the form prescribed by the commission of having completed the continuing education requirement for renewal specified in this chapter.
(b)
The commission may refuse to renew any license if the licensee has continued to perform real estate appraisal activities in this state following the expiration of the license.
Amended by 2014 Tenn. Acts, ch. 570, s 1, eff. 7/1/2014.
Acts 1990, ch. 865, § 16; 1991, ch. 366, § 18.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-308 - Commission - Power to discipline and penalize

The commission has the power to discipline and penalize a license or certificate holder for violations of this chapter or the rules and regulations of the commission.
Acts 1990, ch. 865, § 17; 1991, ch. 366, § 19.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-310 - Classes of certification

(a)
There shall be at least two (2) classes of certification for state certified real estate appraisers. These classes shall include:
(1)
The state certified residential real estate appraiser classification shall consist of those persons meeting the requirements for certification relating to the appraisal of residential real property; and
(2)
The state certified general real estate appraiser classification shall consist of those persons meeting the requirements for certification relating to the appraisal of all types of real property.
(b)
The application for original certification, renewal certification and examination shall specify the classification of certification being applied for or previously granted.
Acts 1990, ch. 865, § 19; 1991, ch. 366, § 21.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-311 - Certification examination

It is the intent of this chapter that any certification examination be consistent with and equivalent to the uniform state certification examination issued or endorsed by the appraisal qualifications board of the appraisal foundation, and the commission may adopt changes in the examination to meet these criteria. An original certification as a state certified real estate appraiser shall not be issued to any person who has not demonstrated through a written examination process that the person possesses the following:
(1)
Appropriate knowledge of technical terms commonly used in or related to real estate appraising, appraisal report writing and economic concepts applicable to real estate;
(2)
Understanding of the principles of land economics, real estate appraisal processes and of problems likely to be encountered in gathering, interpreting and processing of data in carrying out appraisal disciplines;
(3)
Understanding of the standards for the development and communication of real estate appraisals as provided in this chapter;
(4)
Knowledge of theories of depreciation, cost estimating, methods of capitalization and the mathematics of real estate appraisal that are appropriate for the classification of certificate applied for;
(5)
Knowledge of other principles and procedures as may be appropriate for the respective classifications;
(6)
Basic understanding of real estate law; and
(7)
Understanding of the types of misconduct for which disciplinary proceedings may be initiated against a state certified real estate appraiser.
Acts 1990, ch. 865, § 20.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-312 - Prerequisites to taking certification examination

(a)
As a prerequisite to taking the examination for certification as a state-certified general real estate appraiser, applicants shall submit satisfactory evidence that they have met the current requirements for certification as a certified general real estate appraiser as set forth by the appraisal qualifications board of the appraisal foundation.
(b)
As a prerequisite to taking the examination for certification as a state-certified residential real estate appraiser, an applicant shall present satisfactory evidence to the commission that the applicant has completed the current requirements for certification as set forth by the appraisal qualifications board of the appraisal foundation.
(c)
It is the intent of this chapter to meet the minimum criteria for certification established from time to time by the appraisal qualifications board of the appraisal foundation, and the commission may recommend changes to this section to meet those criteria.
Acts 1990, ch. 865, § 21; 1991, ch. 366, §§ 22-24; 1994, ch. 605, §§ 2, 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-313 - Certification - Experience requirement

(a)
As a prerequisite to certification, a person must have completed the appraisal experience requirement currently set forth by the appraisal qualifications board of the appraisal foundation.
(b)
Each applicant for certification shall furnish under oath a detailed listing of the real estate appraisal reports or file memoranda for each year for which experience is claimed by the applicant. Upon request, the applicant shall make available to the commission for examination a sample of appraisal reports that the applicant has prepared in the course of the applicant's appraisal practice.
(c)
It is the intent of this chapter to meet the minimum criteria for certification established from time to time by the appraiser qualifications board of the appraisal foundation and the commission may recommend changes to this section to meet those criteria.
Acts 1990, ch. 865, § 22; 1991, ch. 108, § 2; 1994, ch. 605, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-314 - Certification - Expiration

(a)
The initial certification issued under the authority of this chapter shall expire upon the expiration date of the certificate held by a certificate holder. Thereafter, the term of a certificate issued under the authority of this chapter shall be two (2) years from the date of issuance unless revoked or suspended prior to expiration.
(b)
The expiration date of the certificate shall appear on the certificate and no other notice of its expiration need be given to its holder.
Acts 1990, ch. 865, § 23; 1991, ch. 366, § 25.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-315 - Renewal certificate - Requirements

To obtain a renewal certificate as a state certified real estate appraiser, the holder of a current, valid certificate shall make application and pay the prescribed fee to the commission no earlier than one hundred twenty (120) days prior to the expiration date of the certificate then held. With the application for renewal, the state certified real estate appraiser shall present evidence in the form prescribed by the commission of having completed the continuing education requirements for renewal specified in this chapter.
Amended by 2014 Tenn. Acts, ch. 570, s 2, eff. 7/1/2014.
Acts 1990, ch. 865, § 24; 1991, ch. 366, § 26.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-316 - Denial of certificate - Grounds

The commission may deny the issuance of a certificate as a state licensed or certified real estate appraiser to an applicant who has been convicted of a felony or on any of the grounds enumerated in this chapter.
Acts 1990, ch. 865, § 25; 1991, ch. 366, § 27.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 39 - STATE LICENSING AND CERTIFIED REAL ESTATE APPRAISERS LAW (§§ 62-39-101 — 62-39-428) › Part 3 - LICENSING, CERTIFICATION AND EXAMINATION (§§ 62-39-301 — 62-39-336) › Section 62-39-317 - Required notice to commission of addresses - Places of business - Residence - Change of address

(a)
Each state licensed or certified real estate appraiser shall advise the commission of the address of the appraiser's principal place of business and all other addresses at which the appraiser is currently engaged in the business of preparing real property appraisal reports.
(b)
Whenever a state licensed or certified real estate appraiser changes a place of business, the appraiser shall within thirty (30) days give written notification of the change to the commission.
(c)
Every state licensed or certified real estate appraiser shall notify the commission of the appraiser's current residence address.
(d)
[Deleted by 2021 amendment.]
Amended by 2021 Tenn. Acts, ch. 549, s 36, eff. 10/1/2021.
Acts 1990, ch. 865, § 26; 1991, ch. 366, §§ 28-30; 1994, ch. 605, §§ 6, 7.