reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-131 - Regulation by municipalities, counties or other political subdivisions

(a)
(1)
No licensee or registrant shall be required to obtain any authorization, permit or license from or to pay any other fee or post a bond in any municipality, county or other political subdivision of this state to engage in any business or activity regulated under this chapter.
(2)
Notwithstanding subdivision (a)(1), a municipality, county or other political subdivision of this state may impose:
(A)
A bona fide business tax; and
(B)
Regulations upon any person who furnishes street patrol services, including a requirement that the person register with a designated agency.
(b)
When a security guard/officer is working in another jurisdiction other than the security guard/officer's primary county, the chief law enforcement officer of the county in which the security guard/officer is working shall be notified where the security guard/officer will be assigned and the length of the assignment. This shall be done in writing by the employer of the security guard/officer, unless other arrangements are made with the chief law enforcement officer of the county within five (5) days of the date of first service. The chief law enforcement officer and the officers/deputies shall recognize the state-issued security armed card as valid in their jurisdiction while any security guard/officer is traveling to or from a job site and while performing duties while at the job site, or while any representative of a security company, supervisor or officers are traveling to or from job sites or operating as a street patrol service.
(c)
The chief law enforcement officer of a county may require an individual to present proof of compliance with this chapter.
(d)
The chief law enforcement officer shall waive provisions relative to training for those individuals properly and duly registered and in possession of a valid armed registration card. If a valid objection exists, however, proof or information indicating training should not be waived shall be sent to the commissioner or the commissioner's designee within ten (10) days of the objection, along with a written explanation of the chief law enforcement officer's objection. A security guard/officer shall not work in any jurisdiction in which the chief law enforcement officer has a pending objection to the training qualifications of the security guard/officer.
(e)
In any county having a metropolitan form of government, the chief of police shall be the chief law enforcement officer (CLEO). In counties not having a metropolitan form of government the sheriff shall be the CLEO.
Acts 1987, ch. 436, § 32; 1988, ch. 987, § 14; 1996, ch. 675, § 68; 1996, ch. 1009, §14; 2001, ch. 452, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-132 - Reciprocal agreements with officials of other states

The commissioner may negotiate and enter into reciprocal agreements with appropriate officials in other states to permit licensed or registered contract security companies or security guards/officers who meet or exceed the qualifications established in this chapter to operate across state lines under mutually acceptable terms.
Acts 1987, ch. 436, § 33.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-133 - Copies of chapter and rules

The commissioner shall provide a copy of this chapter and any rules promulgated under this chapter to:
(1)
Each licensee and proprietary security organization every two (2) years, at no charge; and
(2)
Any other person, upon request, for a reasonable fee that the commissioner may fix.
Acts 1987, ch. 436, § 34.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-135 - Administrative procedures regarding contested cases

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.
Acts 1987, ch. 436, § 31.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-136 - Penalty for violations

Except as otherwise provided in this chapter or in any rule or regulation promulgated pursuant to this chapter, a violation of this chapter or any rule promulgated under this chapter is a Class A misdemeanor.
Acts 1987, ch. 436, § 36; 1989, ch. 591, § 113; 1996, ch. 1009, § 17.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-137 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 572, s 2, eff. 5/27/2021.
Acts 1991, ch. 425, §5; 2012 , ch. 986, § 45.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-138 - Preemption of local regulations

No city, county or urban county government shall occupy any part of the field of regulation of private protective services unless expressly provided for in this chapter.
Acts 1996, ch. 1009, § 18.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-139 - Limitation on exemption from licensing requirements

No person who is exempt from the licensing requirements of this chapter pursuant to §
62-35-103(13)
shall perform any private protective services duties at a shopping center complex or other business facility that has two (2) or more contiguous businesses. A person performing private protective services pursuant to §
62-35-103(13)
shall perform the services solely upon the premises of the business of the person's employer.
Acts 2001, ch. 452, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-140 - Continuing education requirements

Every certified trainer must complete twelve (12) hours of continuing education approved by the commissioner every two (2) years as a prerequisite for renewal. Proof of the continuing education must be submitted to the commissioner in conjunction with the application for renewal.
Acts 2002, ch. 710, §1; 2008 , ch. 1038, § 18.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-141 - Notification and uniform requirements for peace officers providing security outside of primary jurisdiction

(a)
(1)
Notwithstanding any provision of this chapter to the contrary, if a full-time sworn peace officer is working to provide uniformed security, direct traffic, exercise crowd control or perform any other such duty in a jurisdiction other than the officer's primary jurisdiction, then the chief law enforcement officer of the jurisdiction in which the full-time sworn peace officer is working shall be notified of the location of the officer's assignment as well as the length of the assignment. For work performed in unincorporated areas of a county or within the limits of a municipality that does not maintain a police department, the chief law enforcement officer of the jurisdiction is the county sheriff. For work performed within the limits of a municipality that maintains a police department, the chief law enforcement officer of the jurisdiction is the municipal police chief.
(2)
Notice shall be provided in writing by the employer of the full-time sworn peace officer within five (5) days prior to the date of first service, unless other arrangements are made with the chief law enforcement officer of the jurisdiction.
(b)
(1)
While a full-time sworn peace officer certified pursuant to §
38-8-107
is employed in a jurisdiction other than the full-time sworn peace officer's primary jurisdiction, the officer's clothing shall bear insignia and markings clearly designating that the peace officer is a private duty law enforcement officer. The Tennessee peace officer standards and training commission, created by title 38, chapter 8, part 1, shall establish design criteria for the insignia and markings.
(2)
Notwithstanding subdivision (b)(1), a full-time sworn peace officer certified pursuant to §
38-8-107
, while employed in a jurisdiction other than the officer's primary jurisdiction, may wear the primary jurisdiction's uniform, if the jurisdiction has authorized its officers to do so. The jurisdiction may establish reasonable regulations for the wearing of its uniforms during the employment.
(c)
This section shall only apply to sworn peace officers engaged in employment outside their primary jurisdiction and within a county having a:
(1)
Metropolitan form of government and a population greater than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census; or
(2)
Population of no less than one hundred eighty-two thousand (182,000) nor greater than one hundred eight-three thousand (183,000), according to the 2000 federal census or any subsequent federal census.
Acts 2002, ch. 846, §1; 2003 , ch. 222, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-142 - Private protective services in a restaurant licensed to sell alcohol

(a)
(1)
Each licensee shall submit to the local law enforcement agency of any jurisdiction in which the licensee provides services for a restaurant, as defined in §
57-4-102
, licensed to serve alcoholic beverages, wine or beer for consumption on the premises, a form promulgated by the commissioner notifying the local law enforcement agency that the licensee provides services within the agency's jurisdiction. The form shall include the name, license number and armed or unarmed status of each security guard/officer providing services for compensation to the licensee and the name and location of the licensee's clients within the agency's jurisdiction.
(2)
Any licensee providing services for a restaurant, as defined in §
57-4-102
, licensed to serve alcoholic beverages, wine or beer for consumption on the premises on January 1, 2010, shall submit the form required by this section to any applicable agency within fifteen (15) days of January 1, 2010. Otherwise, the licensee shall submit the form within fifteen (15) days of the date the licensee commences offering services in an agency's jurisdiction. The licensee shall ensure that the information submitted to the local law enforcement agency is kept current and shall notify the local law enforcement agency in writing of the substance of any change within fifteen (15) days of the date of the event necessitating the change.
(b)
Any local law enforcement agency that has knowledge of a violation of this section or this chapter shall notify the commissioner. The commissioner shall communicate in writing to the local law enforcement agency any action taken in response to the notification.
(c)
For purposes of this section, "local law enforcement agency" means:
(1)
Within the territory of a municipality, the municipal police department;
(2)
Within the territory of a county having a metropolitan form of government, the metropolitan police department; or
(3)
Within the unincorporated territory of a county, the sheriff's office.
(d)
The commissioner of commerce and insurance is authorized to promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2020 Tenn. Acts, ch. 580, s 10, eff. 7/1/2020.
Acts 2009 , ch. 465, §§ 1, 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-143 - Detection services licensing program - Detection services advisory committee

(a)
(1)
The detection services licensing program includes the commissioner's implementation of the requirements of this chapter, chapters 26 and 27 of this title, and chapter 32, part 3 of this title.
(2)
(A)
All moneys collected pursuant to this chapter, chapters 26 and 27 of this title, and chapter 32, part 3 of this title are deposited in the state treasury in a separate account for the administration of this chapter, chapters 26 and 27 of this title, and chapter 32, part 3 of this title, which is governed by §
56-1-310
.
(B)
Notwithstanding subdivision (a)(2)(A), disbursements from the account may be made for the purpose of defraying expenses incurred in the implementation and enforcement of chapter 11 of this title.
(b)
The commissioner may establish a detection services advisory committee for the purpose of assisting the commissioner with the implementation of the detection services licensing program described in subdivision (a)(1).
(c)
If the commissioner establishes the committee pursuant to subsection (b), then the committee may include eleven (11) members as follows:
(1)
Three (3) members representing the alarm industry;
(2)
Three (3) members representing the private investigation industry;
(3)
Three (3) members representing the private security industry;
(4)
One (1) polygraph examiner; and
(5)
One (1) public member who is not eligible for membership under subdivisions (c)(1)-(4).
(d)
The commissioner shall strive to achieve a diverse membership that represents the citizenry of Tennessee.
(e)
The committee is administratively attached to the department's division of regulatory boards.
(f)
Committee members shall receive no compensation but are reimbursed for actual travel and other expenses incurred in attending each meeting and in performing any other duties provided for in this chapter. All reimbursement for expenses must be in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
Added by 2021 Tenn. Acts, ch. 294, s 35, eff. 7/1/2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-101 - Short title

This chapter shall be known and may be cited as the "Geologist Licensure Act of 2007."
Acts 2007, ch. 495, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-102 - Legislative findings - Purpose

(a)
The general assembly finds that the competent and proper application of geologic principles by geologists 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 geology in this state is declared to be subject to regulation in the public interest. Furthermore, the practice of geology is 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.
(b)
The purpose of this chapter 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 this state and promoting the public welfare. The fields of geology expected to benefit are those related to the environment, mineral and fuels exploration and development, geologic hazards, basic geologic research and other geologic matters of concern to the people of this state.
Acts 2007, ch. 495, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of commerce and insurance or the commissioner's designee;
(2)
"Department" means the department of commerce and insurance;
(3)
"Geologist" means a person qualified by education and practical experience to engage in the practice of geology;
(4)
"Geologist in training" means a person who has met the educational requirements of §
62-36-109
, but is not qualified to be licensed as a professional geologist;
(5)
"Geology" means the science concerning the earth and its history, including:
(A)
The investigation, prediction of existence and location of:
(i)
Minerals;
(ii)
Rocks;
(iii)
Liquids, including groundwater; and
(iv)
Gases;
(B)
The natural processes that cause developments and changes in the earth; and
(C)
The applied science that uses knowledge of the earth and its constituent rocks, minerals, liquids, gases and other materials for the benefit of mankind;
(6)
"Licensed professional geologist" means a person who is licensed as a geologist under this chapter;
(7)
"Practice of geology" means providing geological services, except as specifically exempted by this chapter. Geological services include consultation, investigation, including the collection, removal and analysis of samples of minerals, rocks, fluids, gases and paleontological specimens, survey, evaluation, planning, mapping, inspection of work in the field of geology and the responsible supervision of work in the field of geology. The practice of geology means the practice of any branch of the profession of geology;
(8)
"Responsible charge of work" means accountable, independent control and direction by the use of initiative, skill and independent judgment of geological work or supervision of geological work; and
(9)
"Subordinate" means any person who assists a licensed professional geologist in the practice of geology without assuming the responsible charge of work.
Acts 2007 , ch. 495, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-104 - Prohibited activities

No person shall:
(1)
Prepare any geologic plans, reports or documents other than a licensed professional geologist or a subordinate under the geologist's direction;
(2)
Practice geology in this state unless the person is licensed under this chapter. A certificate of licensure is not transferable;
(3)
Offer to practice geology in this state unless the person is licensed under this chapter. To offer to practice geology 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 geologist;
(4)
Seal or stamp any plans, plats, reports or other documents with the seal or stamp of a licensed professional geologist, or use in any manner the title licensed professional geologist or the title of any licensed certified specialty geologist unless licensed or licensed and certified under this chapter;
(5)
Affix the person's signature, seal or stamp to any geologic plans, plats, reports or other documents after that person's licensure has expired or has been suspended or revoked, unless the person's licensure has been renewed or reissued;
(6)
Give any false or forged evidence of any kind to the department 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 geology at any time during a period during which the department has suspended or revoked the person's certificate of licensure.
Acts 2007, ch. 495, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-105 - Contracting for services only with licensed geologists

This state and any county, municipality, agency, board, district, commission, authority or other political subdivision of the state shall only contract for geological services with persons licensed under this chapter or with a firm employing a licensed professional geologist who is in responsible charge of providing the services, except as otherwise provided by this chapter.
Acts 2007, ch. 495, § 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-106 - Exemptions

Any person, except a person exempted by this chapter, who practices or offers to practice geology in this state, including a person employed by the state or its political subdivisions, is subject to this chapter. The following are exempt:
(1)
Any person engaged solely in teaching the science of geology or engaged solely in nonpublic geologic research in this state; however, a teacher or researcher shall be certified as a licensed professional geologist if the teacher or researcher wishes to perform any geologic work or services for which licensure as a geologist is required by this chapter;
(2)
An employee or subordinate of a licensed professional geologist, as long as the employee or subordinate acts solely in that capacity. This exemption shall not permit any such employee or subordinate to practice geology independently or use the term licensed professional geologist; and
(3)
Any person who is employed either by the state or by a person, firm or corporation not engaged in the practice of geology, if the person provides geologic services to the employer only and not to the general public.
Acts 2007, ch. 495, § 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-107 - Sole proprietorships, partnerships and corporations - Construction of chapter with other related professions

(a)
A sole proprietorship, partnership or corporation that provides geological services as its primary activity may engage in the practice of geology; provided, that at least one (1) principal or officer is in responsible charge of the activity and is a licensed professional geologist. A sole proprietorship, partnership or corporation whose primary activity is other than the practice of geology may offer geological services; provided, that a licensed professional geologist is in responsible charge of the activity. The exemptions of §
62-36-106
shall apply to sole proprietorships, partnerships, and corporations.
(b)
This chapter shall not be construed to prevent or to affect:
(1)
The practice of any profession or trade related to geology for which a license or registration is required under any other law of this state; provided, that the work is permitted under the applicable licensing or registration law;
(2)
The right of licensed professional engineers to lawfully practice foundation engineering, geotechnical engineering, soils mechanics or other professional engineering as provided by chapter 2 of this title; or
(3)
Registered architects lawfully practicing architecture as provided by chapter 2 of this title.
Acts 2007 , ch. 495, § 8.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-108 - Application for licensure - Fee - Transcript

An application for licensure as a geologist shall indicate the applicant's education and provide a detailed summary of geologic work. The application shall be accompanied by an application fee fixed by the department and shall include a certified transcript.
Acts 2007, ch. 495, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-110 - Licensure or registration in foreign jurisdiction

A person holding a license or registered to practice geology issued by proper authority of a state, territory or possession of the United States, the District of Columbia or any foreign country, on the basis of comparable licensing or registration requirements and who, in the opinion of the department otherwise meets the requirements of this chapter, based on verified evidence, may, upon approval of an application for licensure, be licensed without further examination; provided, that the state, agency or country issuing the license or certificate of registration has entered into a reciprocity agreement with the department, is part of a general reciprocity agreement among all applicable states or has established some other form of mutual recognition of licensure or comity with the department.
Acts 2007, ch. 495, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-111 - Certificate of licensure

(a)
The department shall issue a certificate of licensure, upon payment of a fee prescribed by the department, to any applicant who complies with the requirements of this chapter. Certificates of licensure shall state the full name of the licensee, bear a certificate of licensure number and be signed by the commissioner or the commissioner's designee under the seal of the department.
(b)
A certificate of licensure shall be valid for a period of two (2) years. A fee prescribed by the department shall be imposed for each late certificate of licensure renewal.
(c)
A new certificate of licensure may be issued to replace any certificate of licensure lost, destroyed or mutilated, subject to the rules of the department and payment of a fee prescribed by the department.
(d)
Upon a written request accompanied by a fee prescribed by the department for change in status, a licensee shall be placed on retired or inactive status. No retired or inactive licensee shall engage in any geologic work or services for which licensure as a geologist is required by this chapter. The department shall prescribe rules outlining the procedure for placing a licensee on retired or inactive status and subsequent reinstatement to active status.
Acts 2007, ch. 495, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-112 - Licensee's seal

A licensed professional geologist, upon issuance of a certificate of licensure, shall obtain a seal of the design authorized by the department, bearing the licensee's name and the legend "licensed professional geologist" and identifying the state of Tennessee. All drawings, reports or other geologic papers or documents involving geologic work, as defined in this chapter, that have been prepared or approved by a licensed geologist or a subordinate employee under the geologist's direction for the use of or for delivery to any person or for public record within this state, shall be signed by the licensee and impressed with the licensee's seal. These acts shall indicate a licensee's responsibility for the drawings, reports or other geologic papers or documents.
Acts 2007, ch. 495, § 13.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-113 - Advisory committee for geology

(a)
The commissioner may establish an advisory committee for geology composed of seven (7) members.
(b)
In making appointments to the committee, the commissioner shall strive to ensure that the committee includes at least one (1) female, at least one (1) member of a racial minority and at least one (1) person who is at least sixty (60) years of age. The commissioner may also strive to ensure that the geologist members are from each of the following professional groupings: environmental, mineral and fuel exploration and development, geologic hazards and geologic research.
(c)
The committee shall be administratively attached to the department's division of regulatory boards.
(d)
Committee members shall receive no compensation but shall be reimbursed for actual travel and other expenses incurred in attending each meeting and in performing any other duties provided for in this chapter. All reimbursement for expenses shall be in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(e)
The committee shall assist the commissioner with the promulgation of rules for the implementation of the requirements of this chapter.
Acts 2007, ch. 495, § 14.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-114 - Powers and duties of department

In addition to other powers and duties specified in this chapter, the department shall:
(1)
Promulgate rules and regulations necessary to carry out this chapter in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(2)
Design and adopt an official seal for licensed professional geologists;
(3)
Set the amount of all fees required by this chapter;
(4)
Identify and approve continuing education programs for persons regulated by the department under this chapter. The department may prescribe regulations requiring continuing education as a prerequisite for renewal of certificates of licensure;
(5)
Receive, administer and account for all moneys derived under this chapter and transfer these funds to the state treasurer, who shall keep the moneys in a fund to be known as the "geologist and soil scientist regulatory fund". The fund shall be used to defray expenses incurred in the administration of the Soil Scientist Licensure Act of 2009, compiled in chapter 18, part 2 of this title, and this chapter;
(6)
Prepare, administer and grade examinations required by this chapter. The department shall have the authority to adopt or recognize, in part or in whole, examinations prepared, administered or graded by other organizations, on a regional or national basis, that the department determines are appropriate to measure the qualifications of an applicant for licensure as a geologist; provided, that the examination questions and correct answers, and any individual applicant's completed examination, are available to the department, and that the department retains the authority to determine a passing grade for purposes of licensure in this state; and
(7)
Have other powers and duties that are necessary to effectuate this chapter.
Amended by 2014 Tenn. Acts, ch. 921,s 2, eff. 7/1/2014.
Acts 2007, ch. 495, § 15.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-115 - Public records of proceedings - Registration of applicants

(a)
The department shall keep a public record of its proceedings and a register of all applicants for licensure.
(b)
All official records of the department or affidavits by the commissioner as to the contents of the records shall be prima facie evidence of all matters required to be kept in the records.
(c)
Except as otherwise provided by this section, the following shall be treated as confidential and may not be disclosed except by order of a court of competent jurisdiction or by permission of the applicant:
(1)
Applications and other personal information submitted by applicants, except to the applicant, the department, its staff or the advisory committee; and
(2)
Information submitted by a reference concerning an applicant, except to the department, its staff or the advisory committee.
Acts 2007, ch. 495, § 16.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-116 - Roster of licensees

The department shall publish a roster semiannually showing the names and places of business of all geologists licensed in this state. Copies of this roster shall be placed on file with the secretary of state and the offices of the Tennessee division of geology and furnished to any licensee upon request free of charge or to the public upon request and payment of a fee, not to exceed cost, to be established by the department.
Acts 2007, ch. 495, § 17.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-117 - Code of professional conduct

The department shall promulgate a code of professional conduct that shall be made known in writing to every licensee and applicant for licensure under this chapter. The department may revise and amend this code of ethics from time to time and shall immediately notify each licensee in writing of any revision or amendments.
Acts 2007, ch. 495, § 18.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-118 - Complaints against licensees

Any person may file a complaint with the commissioner against a licensee alleging fraud, deceit, gross neglect, incompetence or misconduct. Complaints shall be made in writing.
Acts 2007, ch. 495, § 19.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-119 - Suspension, revocation or refusal to renew license - Hearings - Administrative and judicial review - Injunctions - Governmental immunity

(a)
The department shall have the power to suspend, revoke or refuse to renew the certificate of licensure of any licensee who:
(1)
Is found to have been convicted of:
(A)
Any fraud or deceit in obtaining a certificate of licensure;
(B)
Any felony or any crime involving moral turpitude. However, an action taken under this subdivision (a)(1)(B) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or
(C)
Any unlawful act as set forth in this chapter; or
(2)
Is found guilty of fraud, deceit, gross neglect, incompetence or misconduct in the practice of geology as a licensed professional geologist.
(b)
Any action by the department to suspend, revoke or refuse to renew a certificate of licensure shall be taken after a hearing held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
Any administrative or judicial review of such action shall likewise be in accordance with the procedures set forth in the Uniform Administrative Procedures Act.
(d)
The department may seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter or of any rule promulgated to effectuate the purposes of this chapter. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such a suit. No bond shall be required for the prosecution of the suit or for the issuance of an injunction.
(e)
Members of the department are officers of the state in carrying out the duties imposed by this chapter and as such have the full measure of governmental immunity provided by law.
Amended by 2018 Tenn. Acts, ch. 745,s 19, eff. 7/1/2018.
Acts 2007, ch. 495, § 20.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-120 - Reissue of revoked license

The department may reissue a certificate of licensure to any person whose certificate of licensure has been revoked upon written application to the department by the applicant, showing good cause to justify reissuance.
Acts 2007, ch. 495, § 21.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-121 - Legal counsel

Legal counsel shall be provided by the division of regulatory boards.
Acts 2007, ch. 495, § 22.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 36 - GEOLOGIST LICENSURE ACT OF 2007 (§§ 62-36-101 — 62-36-122) › Section 62-36-122 - Violations - Penalties

(a)
A violation of this chapter is a Class B misdemeanor.
(b)
In addition to or in lieu of any other lawful disciplinary action under this chapter, the commissioner may assess a civil penalty not exceeding one thousand dollars ($1,000) per violation. All penalties owed under this chapter shall be paid to the department for deposit into the treasury of the state and shall accrue to the state and may be recovered in a civil action in the name of the state in any court of record in the county where the violation is alleged to have occurred.
(c)
Any civil penalty shall be assessed in the following manner:
(1)
A notice of the assessment shall be sent to the person receiving it by certified mail, return receipt requested;
(2)
Any person against whom an assessment has been issued may petition the commissioner for a review of the assessment;
(3)
The petition for review shall be in writing and shall be filed no later than thirty (30) days after the notice of assessment is received;
(4)
If a petition for review of the assessment is not filed within thirty (30) days after the date the notice is received, then the violator shall be deemed to have consented to the assessment and it shall become final; and
(5)
If a petition for review of the assessment is filed as provided by this section, then the proceedings on the appeal shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, with respect to the conduct of contested cases.
Acts 2007, ch. 495, § 23.
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 62-38-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Antibacterial solution" means any solution used to retard the growth of bacteria approved for application to human skin and includes all products so labeled;
(2)
"Client" means any person desiring to receive a tattoo;
(3)
"Commissioner" means the commissioner of health;
(4)
"Department" means the department of health;
(5)
"Disinfectant" means a solution intended to destroy or inactivate specific viruses, bacteria or fungi on inanimate surfaces;
(6)
"Germicidal solution" means any solution that destroys germs and is so labeled;
(7)
"License" means the issuance of a license to perform tattooing to any individual, partnership, firm or corporation;
(8)
"Permit" means the issuance of a permit to a tattoo studio or establishment;
(9)
"Registration" means license or permit, as applicable;
(10)
"Sanitary" means clean and free of agents of infection;
(11)
"Single use" means an item is used one (1) time on one (1) client and then is properly disposed of by appropriate measures;
(12)
"Sterilization" means holding in an autoclave for fifteen (15) minutes, at fifteen pounds (15 lbs.) pressure and at a temperature of two hundred fifty degrees fahrenheit (250°F) or one hundred twenty-one degrees celsius (121°C);
(13)
"Tattoo" means any method of placing designs, letters, figures, symbols, cosmetics or any other marks under the skin of a person with ink or color by the aid of needles or instruments;
(14)
"Tattoo artist" means any person, regardless of age, who engages in the practice/service of tattooing regardless of the type of tattoo or area to be tattooed;
(15)
"Tattoo artist registration" means the issuance of a state license authorizing the person named therein to engage in the practice/service of tattooing in this state after fulfilling the requirements in this part;
(16)
"Tattoo operator" means any person who controls, operates, conducts or manages any tattoo studio, whether actually engaging in tattooing or not;
(17)
"Tattoo studio" means any room or space where tattooing is practiced or where the service of tattooing is conducted;
(18)
"Tattoo studio certificate" means the issuance of a written permit, issued by the local county health department, to a tattoo studio stating that the studio, after inspection, was found to be in compliance with this part; and
(19)
"Universal precautions" means that all blood and body fluids are treated as to contain all bloodborne pathogens and taking proper precautions to prevent the spread of any bloodborne pathogens.
Acts 1996, ch. 1004, § 2; 1999, ch. 229, §§ 1 - 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 2 - GENERAL PROVISIONS (§§ 62-38-201 — 62-38-213) › Section 62-38-203 - Inspections - Work areas - Premises and equipment

(a)
Before a permit to operate a tattoo establishment is granted, the local health department or its duly authorized agent shall inspect the premises in which the business is to be conducted. If the condition of the premises or its equipment does not conform to the requirements of this part, the local health department shall refuse to issue a permit. If the tattoo establishment conforms to the requirements of this part, the local health department or its duly authorized agent shall issue the permit requested.
(b)
Each studio where tattoos are administered shall provide a work area separate from any observers present. No smoking or eating shall take place in the tattoo work area. Clients shall be tattooed only while in the tattoo work area.
(c)
Adequate restroom facilities for clients and operators shall be provided within each studio.
(d)
A sink with hot and cold running water for handwashing and sterilization, other than a bathroom sink, shall be provided. Sinks shall be equipped with an antibacterial solution and single use towels.
(e)
All waste products shall be disposed of in accordance with universal precaution guidelines. All needles or other sharp instruments shall be segregated from other wastes and placed in an approved sharps container.
(f)
All furniture and fixtures necessary to the practice of tattooing shall be provided and constructed to ensure adequate cleaning and sanitation. Adequate lighting and ventilation shall be provided in the tattoo studio. Equipment necessary to provide for proper aseptic techniques and sterilization shall be provided, including an autoclave in good repair. Floors, ceilings, walls and restrooms shall be maintained in a sanitary condition. The studio and equipment shall be maintained in good repair and the premises shall be kept clean, neat and free of litter and rubbish.
Acts 1996, ch. 1004, § 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 62-38-205 - Temporary locations

(a)
A registered tattoo business may set up at temporary locations other than a tattoo studio, e.g., tattoo conventions, with the written approval of the local health department, for a period not to exceed ten (10) days; provided, that each artist not previously registered with the department of health shall register and pay a fee of fifty dollars ($50.00) to the department.
(b)
Temporary facilities, e.g., tattoo conventions, shall be held to the same sanitary standards as those required of tattoo studios. Temporary facility permits shall be issued by the local health department, to include:
(1)
An area where tattooing can be performed in a limited access location;
(2)
Adequate sterilization equipment supplied;
(3)
Waste receptacles and sharps containers supplied;
(4)
Individual containers of water for each client in single use rinse cups; and
(5)
Disinfectant sprays at each tattoo artist's work area.
(c)
A temporary tattoo artist registration may be issued for no more than fourteen (14) days. The holder of the studio certificate shall also sign for the temporary license from the department of health and all tattooing shall be under the auspices of the studio certificate holder and in compliance with this part. Artists may apply tattoos if a copy of the state application and a receipt for the fifty dollar ($50.00) fee is on display at the studio. The sterilization course, written examination and work experience shall be waived for the temporary permit. A temporary license is not transferable nor may it be renewed.
Acts 1996, ch. 1004, § 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 62-38-206 - Posting studio certificate permit and copy of statutes

(a)
It is the duty of the owner or operator of a tattoo establishment to post the current studio certificate permit in a conspicuous place where it may be readily observed by the public.
(b)
It is the duty of the owner or operator of a tattoo establishment to post a copy of the statutes contained in this part in a conspicuous place where it may be readily observed by the public.
Acts 1996, ch. 1004, § 7; 2012, ch. 981, § 2.
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 62-38-207 - Records - Signed acknowledgement by parent or guardian of minor - Attestations - Instructions

(a)
(1)
A record showing the date of a client's visit, the client's name, with the client's signature, address and date of birth, design of the tattoo, its location on the client's body and the name of the tattoo artist who performed the service shall be maintained by tattoo studios for two (2) years.
(2)
If tattooing services are provided to a minor pursuant to §
62-38-211
, the tattoo artist performing such services shall obtain a signed acknowledgement from the minor's parent or guardian that such parent or guardian has reviewed the statutes contained in this part, and the tattoo studio where such services are performed shall send a copy of both the signed acknowledgement and the record made pursuant to subdivision (a)(1) to the department. The department shall maintain any copy of a record and accompanying signed acknowledgement that it receives pursuant to this subdivision (a)(2) until two (2) years following the eighteenth birthday of the minor who is the subject of the record.
(b)
Records shall be entered in ink and shall be made available to the local health department upon request, at a reasonable time, for examination.
(c)
Clients receiving a tattoo shall attest to the fact that they are not under the influence of drugs or alcohol.
(d)
Printed instructions on the care of skin shall be given to each client after tattooing and a copy of the instructions shall be posted in a conspicuous place in the tattoo studio.
Acts 1996, ch. 1004, § 8; 2008 , ch. 803, § 1; 2012 , ch. 981, § 3.