reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-206 - Applicability of part - Exemptions

Any person, except a person exempted by this part, who practices or offers to practice soil science in this state, including a person employed by the state or its political subdivisions, is subject to this part. The following persons are exempt:
(1)
Any person engaged solely in teaching the science of soil science or engaged solely in nonpublic soils research in this state. However, a teacher or researcher shall be certified as licensed professional soil scientist if the teacher or researcher wishes to engage in the practice of soil science or services for which licensure as a soil scientist is required by this part;
(2)
An employee or subordinate of a licensed professional soil scientist insofar as the employee or subordinate acts solely in such capacity. This exemption shall not permit any such employee or subordinate to practice soil science independently or use the term "licensed professional soil scientist;" and
(3)
Any person who is employed either by the state or federal government, or by a person, firm, or corporation not engaged in the practice of soil science, if such person provides soil science services only as part of his job duties for the employer and does not receive any payments for soil science services from the general public.
Acts 2010, ch. 1032, § 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-207 - Engaging in practice of soil science - Construction of part

(a)
A sole proprietorship, partnership, or corporation that provides soil science services as defined in this part as its primary activity may engage in the practice of soil science; provided, that at least one (1) principal or officer is in responsible charge of such activity and is a licensed professional soil scientist. A sole proprietorship, partnership, or corporation whose primary activity is other than the practice of soil science may offer soil science services; provided, that a licensed professional soil scientist is in responsible charge of such activity. The exemptions of §
62-18-206
shall apply to sole proprietorships, partnerships, and corporations.
(b)
This part shall not be construed to prevent or to affect the practice of any profession or trade related to soil science for which a license or registration is required under any other law of this state when such work is permitted under the applicable licensing or registration law.
Acts 2010 , ch. 1032, § 8.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-208 - Eligibility for certificate of licensure

(a)
To be eligible for a certificate of licensure, an applicant shall meet each of the following minimum qualifications:
(1)
Be a graduate of an accredited college or university with a bachelor of science degree or higher in soils, agronomy or a closely related field. The applicant shall have successfully completed a minimum of fifteen (15) semester hours of course work in soil science;
(2)
Have at least three (3) years of soil science professional experience. Any combination of the following kinds of education and experience qualify toward accumulating the required three (3) years:
(A)
Masters of science degree in soils, agronomy or a closely related field and two (2) years of professional experience;
(B)
Doctor of philosophy degree in soils, agronomy or a closely related field and one (1) year of professional experience; or
(C)
Each year of teaching or soil science research by persons teaching upper-level soil science courses at the college or university levels; provided, that such teaching or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to a year of professional experience; and
(3)
Have successfully passed such examination or examinations developed or determined by the commissioner to assess adequately the knowledge and skills that are common to the competent practice of soil science as a profession. The commissioner shall waive the examination requirement for licensure as a soil scientist for an applicant who makes written application to the commissioner not later than July 1, 2011, and who otherwise meets the requirements of this subsection (a).
(b)
Any person who meets subdivisions (a)(1) and (2) and who is:
(1)
Approved by the department of environment and conservation prior to July 1, 2011;
(2)
An employee of the federal government 470 series;
(3)
A soil scientist employed by this state; or
(4)
A member of the Soil Scientist Association of Tennessee certified list prior to July 1, 2011;
shall be deemed to have met the requirements of subdivisions (a)(1)-(3). Such person shall be issued a certificate of licensure when renewal is due under the established renewal cycle upon applying for and meeting all requirements for renewal. The commissioner shall assign the registration number of the registration certificate as the certificate of licensure number. Any person holding an active certificate as a registered soil scientist or licensed professional soil scientist prior to July 1, 2011, who does not renew such certificate when renewal is due shall be required to apply for licensure under this part and meet all requirements of subsection (a) except that a reasonable period of time shall be accorded by the commissioner for late renewals.
Acts 2010, ch. 1032, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-209 - Certificate of licensure

(a)
The commissioner shall issue a certificate of licensure, upon payment of a fee prescribed by the commissioner, to any applicant who complies with the requirements of this part. Certificates of licensure shall state the full name of the licensee, bear a certificate of licensure number and be signed by the commissioner under the seal of the commissioner. The commissioner shall consider and may implement all reasonable operating cost reductions suggested by the advisory committee in calculating any recurring or nonrecurring fees or additional charges to licensed professional soil scientists.
(b)
A certificate of licensure shall be valid for a period of two (2) years. A fee prescribed by the commissioner 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 commissioner and payment of a fee prescribed by the commissioner.
(d)
Upon a written request accompanied by a fee prescribed by the commissioner for change in status, a licensee shall be placed on retired or inactive status. No retired or inactive licensee shall engage in practicing soil science or services for which licensure as a soil scientist is required by this part. The commissioner shall prescribe rules outlining the procedure for placing a licensee in retired or inactive status and subsequent reinstatement to active status.
Acts 2010, ch. 1032, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-210 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 641, s 4, eff. 4/1/2020.
Acts 2010 , ch. 1032, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-211 - Duties of commissioner

In addition to other powers and duties specified in this chapter, the commissioner shall:
(1)
Promulgate rules and regulations necessary to carry out this part in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(2)
Design and adopt an official seal for licensed professional soil scientists to be applied to all drawings, reports, maps, documents, or other papers involving practicing soil science as defined in this part, that have been prepared or approved by a licensed soil scientist or a subordinate employee under such soil scientist's direction for the use of or for delivery to any person or for public record within this state. Such drawings, reports, maps, documents, or other papers shall be signed by the licensee and impressed with the licensee's seal. Such acts shall indicate a licensee's responsibility for such drawings, reports, or other papers or documents;
(3)
Set the amount of all fees required by this part;
(4)
Promulgate rules requiring continuing education;
(5)
Identify and approve continuing education programs for persons regulated by the commissioner under this part;
(6)
Receive, administer, and account for all moneys derived under this part and transfer such funds to the state treasurer who shall keep such moneys in a fund, herein established, 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 Geologist Licensure Act of 2007, compiled in chapter 36, part 1 of this title, and this chapter;
(7)
Prepare, administer, and grade a nationally recognized soil scientist examination for the purposes of licensure as required by this part; and
(8)
Have such other powers and duties as are necessary to effectuate this part.
Amended by 2020 Tenn. Acts, ch. 641, s 3, eff. 4/1/2020.
Amended by 2014 Tenn. Acts, ch. 921,s 1, eff. 7/1/2014.
Acts 2010 , ch. 1032, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-212 - Recognition of foreign registration

Any applicant may, in the absence of disqualifying evidence, be deemed by the commissioner to be fully qualified to practice soil science if such applicant holds a like, unexpired certificate of registration issued to the applicant after examination by proper authority in the District of Columbia or in any state or territory in the United States in which the examination and requirements for the registration of soil scientists are of a standard satisfactory to the commissioner.
Acts 2010, ch. 1032, § 13.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-213 - Confidential information

Except as otherwise provided by this part, 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 commissioner, department, or its staff; and
(2)
Information submitted by a reference concerning an applicant, except to the commissioner, department, or its staff.
Amended by 2020 Tenn. Acts, ch. 641, s 5, eff. 4/1/2020.
Acts 2010 , ch. 1032, § 14.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-214 - Roster of licensed soil scientists

A roster showing the names and places of business of all licensed soil scientists shall be prepared by the commissioner each year. Copies of this roster shall be placed on file with the secretary of state and furnished to any licensee upon request, free of charge, or to the public upon request and payment of a fee, not to exceed actual cost, to be established by the commissioner.
Acts 2010, ch. 1032, § 15.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-215 - Code of ethics

The commissioner shall promulgate a code of professional ethics that shall be made known in writing to every licensee and applicant for licensure under this part. The department may revise and amend this code of professional ethics from time to time and shall forthwith notify each licensee in writing of such revision or amendments.
Acts 2010, ch. 1032, § 16.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-216 - 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 2010, ch. 1032, § 17.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-217 - Grounds for suspension, revocation or refusal to renew licensure - Hearing - Administrative or judicial review - Injunction - Reissuance

(a)
The commissioner 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)
A felony for the commission of an offense that bears directly on the licensee's fitness to practice competently, as determined by the commissioner. 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)
Who is found guilty of fraud, deceit, gross neglect, incompetence, or misconduct in the practice of soil science as a licensed professional soil scientist.
(b)
Any such action by the commissioner to suspend, revoke, or refuse to renew a certificate of licensure shall be taken after a hearing held in accordance with the procedures set forth in 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 commissioner may seek relief at law or equity to restrain or enjoin any act or practice in violation of this part, or of any rule promulgated to effectuate the purposes of this part. 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)
The commissioner may reissue a certificate of licensure to any person whose certificate of licensure has been revoked upon written application to the commissioner by the applicant, showing good cause to justify such reissuance.
Amended by 2018 Tenn. Acts, ch. 745,s 11, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 719,s 5, eff. 4/6/2016.
Acts 2010, ch. 1032, § 18.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-218 - Legal counsel

Legal counsel shall be provided by the division of regulatory boards.
Acts 2010, ch. 1032, § 19.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 18 - LAND SURVEYORS (§§ 62-18-101 — 62-18-219) › Part 2 - SOIL SCIENTIST LICENSURE ACT OF 2009 (§§ 62-18-201 — 62-18-219) › Section 62-18-219 - Violations - Disciplinary actions - Penalties

(a)
A violation of this part is a Class B misdemeanor.
(b)
In addition to, or in lieu of, any other lawful disciplinary action under this part, the commissioner may assess a civil penalty not exceeding one thousand dollars ($1,000) per violation. All penalties owed under this part shall be paid to the commissioner for deposit into the treasury of the state of Tennessee 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 such 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 such appeal shall be conducted in accordance with the provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, with respect to the conduct of contested cases.
Acts 2010, ch. 1032, § 20.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-102 - License requirement

(a)
It is unlawful for a person to:
(1)
Act as, advertise as, or represent to be an auctioneer without holding a valid license issued by the commission;
(2)
Conduct or offer to conduct an auction of real property unless the person is duly licensed as an auctioneer or affiliate auctioneer and as a broker or affiliate broker under chapter 13 of this title. However, with respect to the authority of an affiliate auctioneer to conduct or offer to conduct an auction of real property, the auctioneer for whom the affiliate auctioneer is employed for such purposes must be on the premises of the property during the auction. This subdivision (a)(2) does not require ringpersons or other persons not vocally conducting an auction to be duly licensed as auctioneers, nor duly licensed under chapter 13 of this title, unless the ringpersons or other persons act as an affiliate broker or broker within the meaning of chapter 13 of this title; or
(3)
Act as, advertise as, or represent to be a public automobile auctioneer unless the person is duly licensed as a public automobile auctioneer and as a motor vehicle dealer under title 55, chapter 17, part 1.
(b)
All auctions arranged by or through a principal auctioneer must be conducted exclusively by individuals licensed under this chapter.
Amended by 2019 Tenn. Acts, ch. 471, s 5, eff. 7/1/2019.
Acts 1967, ch. 335, § 2; T.C.A., § 62-1902; Acts 1983, ch. 250, §2; 1985, ch. 357, §1; 2003 , ch. 24, §§1, 2; 2008 , ch. 724, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-103 - Exemptions

This chapter does not apply to:
(1)
A person acting as a receiver, trustee in bankruptcy, guardian, administrator, executor, or other person acting under order of a court;
(2)
A trustee acting under a trust agreement, deed of trust or will, or a secured party selling collateral after default by a debtor in accordance with title 47, chapter 9;
(3)
An auction conducted by or under the direction of a governmental entity or pursuant to a judicial order or decree;
(4)
An auction conducted by or on behalf of a political party, church, or charitable corporation or association, if the individual conducting the sale receives no compensation and does not, by advertising or otherwise, hold their self out as available to engage in the sale of goods at auction;
(5)
A person performing acts in the regular course of or as an incident to the management of and investment in property owned or leased by the person, if the property was not acquired for the purpose of resale. When a sales tax, as prescribed in title 67, is not levied upon the sale of personal property, there is a presumption that the personal property was purchased for the purpose of resale;
(6)
An auction conducted for the sale of livestock sponsored through or in cooperation with the state department of agriculture or the University of Tennessee extension, or both;
(7)
An auction sale of tobacco at or for a warehouse operated pursuant to title 43, chapter 19;
(8)
A livestock auction sale regulated by the United States department of agriculture packers and stockyards administration, if the sale uses:
(A)
The shipper's proceeds account required by federal regulations; and
(B)
An auctioneer licensed under this chapter;
(9)
Any fixed price or timed listings that allow bidding on an internet website, but do not constitute a simulcast of a live auction;
(10)
An exclusive online auction whose primary business activity is selling nonrepairable or salvage vehicles in this state and holds the appropriate license issued by the Tennessee motor vehicle commission;
(11)
An in-person or simulcast auction whose primary business activity is selling nonrepairable or salvage vehicles in this state, and holds the appropriate license issued by the Tennessee motor vehicle commission and that uses a licensed auctioneer; and
(12)
An individual who generates less than twenty-five thousand dollars ($25,000) in revenue a calendar year from the sale of property in online auctions.
Amended by 2019 Tenn. Acts, ch. 471, s 6, eff. 7/1/2019.
Acts 1967, ch. 335, § 3; 1969, ch. 247, § 1; 1976, ch. 824, § 2; 1978, ch. 569, § 2; T.C.A., § 62-1903; Acts 1983, ch. 250, §3; 1984, ch. 1000, §§ 1-4; 1986, ch. 915, § 1; 1991, ch. 485, § 4; 2006, ch. 533, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-104 - Auctioneer commission

(a)
There is created in the division of regulatory boards the Tennessee auctioneer commission for issuing licenses to auctioneers and affiliate auctioneers engaged in the auction business.
(b)
(1)
The commission shall be composed of five (5) members. The term of each member shall be three (3) years. The additional member appointed pursuant to Acts 1989, ch. 331 shall be appointed to serve a regular three-year term and shall meet the requirements of subdivision (b)(2).
(2)
Four (4) members of the commission shall be auctioneers. Each member shall have been actively and principally engaged as a licensed auctioneer for a period of no less than five (5) years next preceding the appointment, shall be of recognized standing in the member's branch of the auction business and shall be at least thirty (30) years of age and of good moral character.
(3)
One (1) member of the commission shall not be engaged in the auction business. The member shall be at least thirty (30) years of age and of good moral character and shall be appointed from the state at large.
(4)
(A)
The new auctioneer member authorized by Acts 1989, ch. 331, shall be appointed from the state at large.
(B)
The governor, in making appointments of the auctioneer members to the commission, shall ensure that each grand division of the state is represented.
(c)
All members of the commission shall be appointed by the governor. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority.
(d)
Each member shall hold over after the expiration of the member's term until a successor shall have been duly appointed and qualified.
(e)
The governor may remove any member of the commission for misconduct, incompetency or willful neglect of duty.
Amended by 2019 Tenn. Acts, ch. 471, s 7, eff. 7/1/2019.
Acts 1967, ch. 335, § 4; impl. am. Acts 1971, ch. 137, § 1; Acts 1979, ch. 29, §1; T.C.A., § 62-1904; Acts 1983, ch. 250, § 4; 1988, ch. 1013, § 34; 1989, ch. 331, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-105 - Certificates of appointment - Legal assistance - Prosecution of complaints

(a)
Each member of the commission shall receive a certificate of appointment from the governor before entering upon the discharge of the duties of office.
(b)
The commission or any committee of the commission shall be entitled to the services of the attorney general and reporter in connection with the affairs of the commission.
(c)
The commission may prefer a complaint for violation of this chapter before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of the state to enforce this chapter and collect the penalties provided in this chapter.
(d)
Complaints shall be prosecuted in the name of the Tennessee auctioneer commission.
Acts 1967, ch. 335, § 5; 1979, ch. 422, § 16; T.C.A., § 62-1905.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-106 - Organization of commission - Rules - Seal - Records

(a)
Immediately upon their qualification, the commission shall meet and organize by selecting from among its members a chair and other officers considered necessary and may do all things necessary and convenient for carrying into effect this chapter.
(b)
The commission has the power to make bylaws, rules and regulations that it considers necessary that are not inconsistent with this chapter or other general laws of the state.
(c)
The commission shall adopt a seal for its use, which shall bear the words "Tennessee Auctioneer Commission," and the administrative director of the commission shall have care and custody of the seal.
(d)
Copies of all records and papers in the office of the commission shall be received in evidence in all courts and with like effect as the originals.
(e)
(1)
The commission has the authority to establish continuing education requirements and standards for individual licensees. This subsection (e) shall apply only to those licensees who received their licenses after January 1, 1985.
(2)
An auctioneer shall be exempt from continuing education requirements if:
(A)
The auctioneer has reached sixty (60) years of age and has been licensed as an auctioneer for ten (10) years or longer;
(B)
The auctioneer has been licensed pursuant to this chapter since July 1, 1999; or
(C)
The auctioneer holds only a bid caller license.
(3)
No affiliate auctioneer is exempt from continuing education requirements.
Amended by 2019 Tenn. Acts, ch. 471, s 9, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 471, s 8, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 726, s 1, eff. 4/7/2016.
Acts 1967, ch. 335, § 6; T.C.A., §62-1906; Acts 1997 , ch. 91, § 3; 1999, ch. 358, §§ 1, 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-107 - Meetings of commission

(a)
The commission shall meet at least one (1) time each quarter of every calendar year for the purpose of transacting business that may properly come before it.
(b)
Special meetings of the commission shall be held at times that the commission may provide in the bylaws it may adopt.
(c)
Three (3) members shall constitute a quorum at a commission meeting.
(d)
Due notice of each meeting and the time and place of the meeting shall be given each member in the manner that the bylaws may provide.
Acts 1967, ch. 335, § 7; T.C.A., § 62-1907; Acts 1983, ch. 250, §5; 1997 , ch. 91, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-108 - Liens for unpaid commissions and fees

(a)
Notwithstanding §
62-19-119
, any auctioneer who performs auctioneering services and is subsequently denied payment for a commission or fee for services performed shall have a lien for the work upon the property that the auctioneer was hired to auction; provided, however, that the lien shall only extend to property that is owned by the person who has denied payment for a commission or fee for services performed by the auctioneer.
(b)
Notice of the lien shall be filed within sixty (60) days after the date of the auction with the register's office in the county or counties in which the property is located. The lien shall not be effective against a bona fide purchaser for value.
(c)
The lien shall continue for a period of ninety (90) days from the date of filing in the register's office in the county or counties in which the property is located and until the final termination of any suit for enforcement brought within that period.
Acts 2007 , ch. 192, §1; 2008 , ch. 615, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-109 - Administrative director

The director of the division of regulatory boards in the department of commerce and insurance or the director's designee shall serve as administrative director for the commission and shall provide all administrative functions for the commission.
Acts 1967, ch. 335, § 8; 1975, ch. 165, § 13; 1976, ch. 806, § 1(29); 1976, ch. 824, §4; 1978, ch. 569, § 3; 1978, ch. 906, § 29; T.C.A., § 62-1909; Acts 1999, ch. 358, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-110 - Register of applicants

(a)
The administrative director of the commission shall keep a register of all applicants for license, showing for each the date of application, name, place of business, place of residence and whether the license was granted or refused.
(b)
The register shall be prima facie evidence of all matters recorded in the register.
Acts 1967, ch. 335, § 11; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §62-1911; Acts 1983, ch. 250, § 7; 1986, ch. 915, § 2; 1990, ch. 1024, § 31; 1990, ch. 1026, § 23; 1995, ch. 60, §1; 1999, ch. 358, §§ 1, 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-113 - Immunity of commissioners

The commission is declared to be a quasi-judicial body and the members or the employees of the commission are granted immunity from civil liability when acting in good faith and in the performance of their duties as described in this chapter.
Acts 1967, ch. 335, § 14; 1980, ch. 451, § 7; T.C.A., § 62-1914.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-114 - Judicial revocation of license

Whenever any person claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty or misconduct on the part of any licensee following the calling or engaging in the business described in this chapter files suit upon the claim against the licensee in any court of record in this state and recovers judgment on the claim, the court may as part of its judgment or decree in the case, if it deems it a proper case in which so to do, revoke the defendant's license, which shall not be reissued to the licensee except upon unanimous vote of all members of the commission in favor of reissuance and only then after the lapse of a period of ninety (90) days from the date of revocation.
Acts 1967, ch. 335, § 15; T.C.A., § 62-1915; Acts 1983, ch. 250, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-115 - Rights and duties of licensee - Sponsorship of affiliate auctioneer

(a)
Any auctioneer licensed under this chapter may conduct auctions at any time or place in this state. The licensee shall, upon request, furnish to the chief of police or sheriff of the city or county where the auction is to be held a list of properties to be sold twenty-four (24) hours prior to the auction.
(b)
A principal auctioneer may sponsor an affiliate auctioneer after one (1) year of licensure. There is no limit as to how many affiliate auctioneers a principal auctioneer or public automobile auctioneer may sponsor.
Amended by 2019 Tenn. Acts, ch. 471,s 14, eff. 7/1/2019.
Acts 1967, ch. 335, § 16; T.C.A., § 62-1916; Acts 1983, ch. 250, § 13; 1987, ch. 62, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-118 - Business location - Sign

(a)
Every person licensed under this chapter shall maintain a definite place of business in this state, except as provided in §
62-19-117
as to nonresidents, and shall erect and maintain a sign in a conspicuous place on the premises at or near the outside entrance to the principal office and all branch offices.
(b)
(1)
The sign shall be written in clear and legible letters of no less than two inches (2") in height and shall clearly show the person's name and indicate that the person is an auctioneer or show the firm name and indicate that the firm is in the auction business.
(2)
The sign shall be placed so that it can easily be observed and read by anyone entering the place of business; however, licensees maintaining a place of business in multistory office buildings shall be deemed to comply with this section if their names and professions are displayed on the directories of the building in the usual fashion and manner of other tenants located in the building.
(c)
(1)
The commission may waive the requirements of subsections (a) and (b) in the event of a conflict with local ordinances or other unusual circumstances.
(2)
The commission has the authority to promulgate rules with regard to advertising auctions in this state.
Acts 1967, ch. 335, § 19; 1976, ch. 824, § 9; T.C.A., §62-1919; Acts 1983, ch. 250, §§ 16, 17; 1999, ch. 358, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-119 - Actions for the collection of compensation

(a)
No person engaged in the business of or acting in the capacity of an auctioneer or an affiliate auctioneer shall bring or maintain any action in the courts of this state for the collection of compensation for any services performed as an auctioneer or affiliate auctioneer without first alleging and proving that the person was a duly licensed auctioneer or affiliate auctioneer at the time the alleged cause of action arose.
(b)
No affiliate auctioneer shall have the right to institute a suit in the affiliate auctioneer's own name for the recovery of a commission, fee or compensation for services as an affiliate auctioneer, but any such action shall be instituted and brought by the licensed auctioneer employing the affiliate auctioneer.
(c)
Nothing contained in this section shall be construed so as to prevent a licensed affiliate auctioneer from suing the affiliate auctioneer's employing auctioneer for any compensation, fees or commissions due the affiliate auctioneer from the auctioneer.
Amended by 2019 Tenn. Acts, ch. 471,s 7, eff. 7/1/2019.
Acts 1967, ch. 335, § 20; T.C.A., § 62-1920.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-120 - Effect of revocation of auctioneer's license on affiliate auctioneers

The license of an affiliate auctioneer shall be automatically suspended upon the revocation or suspension of the license of the auctioneer by whom the affiliate auctioneer is employed. The affiliate auctioneer may retain the affiliate auctioneer's license by transferring to the employment of another licensed auctioneer within twenty-one (21) days of the effective date of the revocation or suspension.
Amended by 2019 Tenn. Acts, ch. 471,s 7, eff. 7/1/2019.
Acts 1967, ch. 335, § 21; T.C.A., § 62-1921; Acts 1983, ch. 250, § 18.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-121 - Penalties

A violation of this chapter or any rule or regulation of the commission is a Class C misdemeanor.
Acts 1967, ch. 335, § 22; 1976, ch. 824, § 10; 1978, ch. 569, § 8; T.C.A., §62-1922; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-123 - Hearings and judicial review

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.
Acts 1980, ch. 451, § 11; T.C.A., § 62-1924.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-124 - Court costs and attorney's fees in collection actions

Any judgment obtained by a licensed auctioneer as the result of an action in the courts of this state for the collection of the sales price for goods or real estate sold by a licensed auctioneer or affiliate auctioneer may include an award for court costs and reasonable attorney's fees.
Amended by 2019 Tenn. Acts, ch. 471,s 7, eff. 7/1/2019.
Acts 1985, ch. 272, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-125 - [Repealed]

Repealed by 2019 Tenn. Acts, ch. 471, s 19, eff. 7/1/2019.
Acts 1999, ch. 358, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-126 - Citations for violations

(a)
(1)
The administrative director and the investigator, acting on behalf of the commission, are authorized to issue citations against persons acting in the capacity of engaging in the auction business without a license in violation of this chapter.
(2)
Each citation shall be in writing and shall describe with specificity the basis of each citation.
(3)
Each citation shall contain an order to cease all violations of this chapter and an assessment of a civil penalty in an amount of not less than fifty dollars ($50.00) nor more than two thousand five hundred dollars ($2,500) for each violation.
(b)
The commission shall promulgate rules and regulations to specify those conditions necessary to the issuance of a citation and the range of penalties for violations of this chapter.
(c)
Service of a citation issued pursuant to this section may be made in person or by certified mail at the last known business address or residence address of the person cited.
(d)
A citation issued pursuant to this section shall be issued by the administrative director or investigator within one (1) year after the act or omission that is the basis for the citation.
(e)
Any person served with a citation pursuant to this section may appeal to the administrative director by written notice postmarked within fifteen (15) working days after service of the citation with respect to violations alleged, scope of the order or amount of civil penalty assessed.
(f)
If a person cited timely notifies the administrative director that the person intends to contest the citation, the administrative director shall afford an opportunity for a contested case hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(g)
After all administrative appeals have been exhausted, the administrative director may apply to the appropriate court for judgment in an amount of the civil penalty, plus applicable court costs, and for an order to cease activities in violation of this chapter. The motion for the order, which shall include a certified copy of the final order of the hearing officer or administrative judge, shall constitute a sufficient showing to warrant the issuance of judgment and order.
(h)
The commission may waive any or all of a civil penalty by stating the reasons for the waiver in the official minutes of the commission.
Acts 1999, ch. 358, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 19 - AUCTIONEERS (§§ 62-19-101 — 62-19-128) › Section 62-19-127 - Commission's power to petition for judicial jurisdiction

In addition to the powers and duties otherwise conferred upon the commission in this chapter, the commission is empowered to petition directly any circuit or chancery court having jurisdiction over any person in this state who is violating any of the provisions of this chapter, either with or without a license under this chapter, to enjoin the person from continuing the violation; and jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such causes.
Acts 1999, ch. 358, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Collection Service Act."
Acts 1981, ch. 170, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means the Tennessee collection service board;
(2)
"Client" means any person who retains the services of a collection service and for such services directly provides the fee, commission or other compensation;
(3)
"Collection service" means any person that engages in, or attempts to engage in, the collection of delinquent accounts, bills or other forms of indebtedness irrespective of whether the person engaging in or attempting to engage in collection activity has received the indebtedness by assignment or whether the indebtedness was purchased by the person engaging in, or attempting to engage in, the collection activity. "Collection service" does not include any person that engages in, or attempts to engage in, the collection of notes or guarantees. "Collection service" includes, but is not limited to:
(A)
Any deputy sheriff, constable or other individual who, in the course of that person's duties, accepts any compensation other than that fixed by statute in connection with the collection of an account;
(B)
Any person who, in the process of collecting that person's own accounts, uses or causes to be used any fictitious name that would indicate to a debtor that a third party is handling the accounts;
(C)
Any person who offers for sale, gives away or uses any letter or form designed for use in the collection of accounts that deceives the receiver into believing that an account is in the hands of a third party, even though the letter or form may instruct the debtor to pay directly to the debtor's creditor; and
(D)
Any person who engages in the solicitation of claims or judgments for the purpose of collecting or attempting to collect claims or judgments or who solicits the purchase of claims or judgments for the purpose of collecting or attempting to collect claims or judgments by engaging in or attempting to engage in collection activity relative to claims or judgments;
(4)
"Collection service license" means a license granted to a collection service;
(5)
"Financially responsible" means capable, as demonstrated to the board's satisfaction, of sound financial management and fiscal discretion. The board may deem to be not financially responsible any person who:
(A)
Submits a balance sheet reflecting liabilities in excess of assets;
(B)
Is unable to pay debts as they mature;
(C)
Submits materially inaccurate financial information; or
(D)
Issues a check to a client without sufficient funds for the payment of the check in full;
(6)
"Person" means an individual, firm, corporation, association or other legal entity; and
(7)
[Deleted by 2021 amendment.]
Amended by 2021 Tenn. Acts, ch. 549, s 32, eff. 10/1/2021.
Amended by 2014 Tenn. Acts, ch. 996,s 1, eff. 5/22/2014.
Amended by 2013 Tenn. Acts, ch. 180, s 6, eff. 4/23/2013.
Acts 1981, ch. 170, § 2; modified; Acts 1988, ch. 823, §§1-5; 2009 , ch. 279, § 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-103 - Exemptions

(a)
This chapter does not apply to:
(1)
Any person handling claims, accounts or collections under order of any court;
(2)
Attorneys at law;
(3)
Any person engaged in the collection of indebtedness incurred in the normal course of business or the business of a parent, subsidiary or affiliated firm or corporation; however, no person who is or represents the person to be a collection service is exempt from this chapter;
(4)
Any state or national bank; state or federal mutual savings bank; state or federal savings institution; or any parent, subsidiary, or affiliate of any of the foregoing;
(5)
Any state or federal credit union;
(6)
Any industrial loan and thrift company licensed or authorized by title 45, chapter 5;
(7)
Any small business development corporation authorized by title 45, chapter 8;
(8)
Any person that services or collects obligations secured by a consensual lien on a dwelling as defined by
12 C.F.R. 1026.2(a)(19)
or any successor regulation; or
(9)
Any person that holds or acquires accounts, bills or other forms of indebtedness through purchase, assignment, or otherwise; and only engages in collection activity through the use of a licensed collection agency or an attorney authorized to practice law in this state.
(b)
Nothing contained within this chapter shall be construed to require an individual or business entity that collects only the individual's or its own unpaid accounts to submit to licensure or regulation by the collection service board.
Amended by 2014 Tenn. Acts, ch. 996,s 2, eff. 5/22/2014.
Acts 1981, ch. 170, §§ 3, 27; T.C.A., §
62-20-123
.