reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 52 - SAFETY OF CHILDREN (§§ 55-52-101 — 55-52-202) › Part 1 - CHILD BICYCLE SAFETY ACT (§§ 55-52-101 — 55-52-106) › Section 55-52-106 - Penalty - Defense - Inadmissibility as evidence in civil action - Issuance of warning and citation

(a)
Except as provided in subsection (b), any adult person violating any requirements set forth in §
55-52-105
, commits a violation and shall be assessed a civil penalty of two dollars ($2.00) and court costs.
(b)
Upon commission of the first offense within a twelve-month period under §
55-52-105(3)
, it shall be a defense that the accused has since the date of the violation purchased or provided a protective bicycle helmet or a restraining seat, and uses and intends to use or causes to be used or intends to cause to be used the same as the law requires.
(c)
In no event shall failure to wear a protective bicycle helmet or to secure a passenger to a restraining seat be admissible as evidence in a trial of any civil action.
(d)
A law enforcement officer observing any violation of this part shall issue a warning to the violator for the first offense and a citation to the violator for the second or subsequent offense, but shall not arrest or take into custody any person solely for a violation of this part.
Acts 1993, ch. 399, §§ 7, 8; 2000, ch. 916, §§ 6, 7.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 52 - SAFETY OF CHILDREN (§§ 55-52-101 — 55-52-202) › Part 2 - CHILD SAFETY IN OPERATION OF OFF-HIGHWAY MOTOR VEHICLES (§§ 55-52-201 — 55-52-202) › Section 55-52-201 - Definitions - Offense of operation by minors

(a)
As used in this part, unless the context otherwise requires:
(1)
(A)
"Appropriate helmet" means, except as provided in subdivisions (a)(1)(A)-(C), a helmet that meets federal motor vehicle safety standards as specified in
49 CFR 571.218
;
(B)
Notwithstanding any provision in
49 CFR 571.218
relative to helmet penetration standards, ventilation airways may penetrate through the entire shell of the helmet; provided, that no ventilation airway shall exceed one and one-half inches (11/2") in diameter;
(C)
Notwithstanding any provision in
49 CFR 571.218
, the protective surface shall not be required to be a continuous contour; and
(D)
Notwithstanding any provision in
49 CFR 571.218
to the contrary, a label on the helmet shall be affixed signifying that the helmet complies with the requirements of the American Society for Testing Materials (ASTM), the Consumer Product Safety Commission (CPSC), the Southern Impact Research Center (SIRC), or the Snell Foundation;
(2)
"Off-highway motor vehicle" means a vehicle as defined in §
55-3-101(c)(2)
; and
(3)
"Relative" means a person or persons in the lineal line of consanguinity to a property owner, a spouse, or person or persons in the lineal line of consanguinity of a spouse, and includes an individual in an adoptive relationship to a property owner or the spouse of the property owner.
(b)
(1)
Except as provided in subdivisions (b)(2) and (3), it is an offense for any parent or legal guardian of a person under eighteen (18) years of age to permit that person to operate or be a passenger on an off-highway motor vehicle, unless the person is wearing an appropriate helmet for off-highway vehicles. A parent or legal guardian commits an offense under circumstances indicating that the parent or legal guardian of the person under eighteen (18) years of age knew or should have known that the child is or would be operating, or is or would be a passenger on an off-highway motor vehicle.
(2)
Subdivision (b)(1) does not apply to a parent or legal guardian of a person under eighteen (18) years of age if the off-highway motor vehicle is being operated by a person under eighteen (18) years of age, or the person is a passenger on an off-highway motor vehicle, on the private property of the parent or legal guardian, or the private property of a relative.
(3)
Subdivision (b)(1) does not apply to a parent or legal guardian of a person under eighteen (18) years of age if the off-highway motor vehicle is being operated by a person under eighteen (18) years of age who is commuting for the purpose of hunting and is in possession of a valid hunting license.
Acts 2007 , ch. 481, § 2.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 53 - ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (§§ 55-53-101 — 55-53-105) › Section 55-53-101 - "Electric personal assistive mobility device" defined

As used in this chapter, "electric personal assistive mobility device" or "EPAMD" means a self-balancing, two (2) nontandem wheeled device, designed to transport only one (1) person, with an electric propulsion system with average power of seven hundred fifty (750) watts or one horse power (1 hp.), whose maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator who weighs one hundred seventy pounds (170 lbs.), is less than twenty miles per hour (20 mph).
Acts 2002, ch. 734, § 2.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 53 - ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (§§ 55-53-101 — 55-53-105) › Section 55-53-102 - Governing provisions

(a)
The regulation and operation of EPAMDs shall be governed exclusively by this chapter.
(b)
(b) Notwithstanding any other law to the contrary, an EPAMD shall not be considered to be a "vehicle," "motor vehicle," "passenger motor vehicle," "passenger car," "motorcycle," "motorized bicycle," "motor bicycle," "motorscooter," or "all-terrain vehicle" within the meaning of the laws of this state and no provisions of law relating to vehicles, motor vehicles, passenger motor vehicles, passenger cars, motorcycles, motorized bicycles, motor bicycles, motorscooters, or all-terrain vehicles shall apply to EPAMDs unless specified in this chapter, including, but not limited to, any provisions of chapter 12, part 1 of this title and any law relating to motor vehicle registration, licensing, operation or equipment.
Amended by 2023 Tenn. Acts, ch. 100, s 18, eff. 7/1/2024.
Acts 2002, ch. 734, § 3.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 53 - ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (§§ 55-53-101 — 55-53-105) › Section 55-53-103 - Equipment requirements

An EPAMD shall be equipped with a system that when employed will enable the operator to bring the device to a controlled stop and, if the EPAMD is operated between one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise, front, rear and side reflectors and a lamp emitting a white light that, while the EPAMD is in motion, illuminates the area in front of the operator and is visible from a distance of three hundred feet (300') in front of and from the sides of the EPAMD; provided, however, that the provisions of this section requiring the use of reflectors and a lamp during the period between one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise shall be deemed to be satisfied if the operator of the EPAMD wears a personal headlight and reflectors.
Acts 2002, ch. 734, § 4.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 53 - ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (§§ 55-53-101 — 55-53-105) › Section 55-53-104 - Construction - Operation on highways

(a)
Nothing in this chapter or in any other law of this state shall be construed to limit the operation of an EPAMD on the public highways, sidewalks, bike trails and bicycle routes of this state except as otherwise set forth in this chapter.
(b)
A person operating an EPAMD shall obey all speed limits for motor vehicles and shall yield the right-of-way to pedestrians and human powered devices at all times.
(c)
Notwithstanding any other provision of this chapter to the contrary, the department of transportation shall have the authority to regulate or prohibit the operation of EPAMDs on any highway within its jurisdiction if it determines that the regulation or prohibition is necessary in the interest of public safety.
Acts 2002, ch. 734, § 5.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 53 - ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (§§ 55-53-101 — 55-53-105) › Section 55-53-105 - Regulation of use

Notwithstanding any other provision of this chapter to the contrary, no county, city or town may institute a general prohibition on the use or operation of EPAMDs; provided, that any county, city or town may reasonably regulate the use or operation of EPAMDs. The regulations may include the restriction, limitation or exclusion on the use or operation of EPAMDs, if necessary, in the interest of public safety or in the interest of the preservation of natural areas and only to the same extent as bicycles are restricted, limited or excluded.
Acts 2002, ch. 734, § 6.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 1 - GENERAL PROVISIONS (§§ 56-1-101 — 56-1-111) › Section 56-1-101 - Short title

This title shall be known and may be cited as the "Tennessee Insurance Law."
Amended by 2017 Tenn. Acts, ch. 457,s 2, eff. 7/1/2017.
Acts 1895, ch. 160, § 1; Shan., § 3274; Code 1932, § 6084; T.C.A. (orig. ed.), § 56-101.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 1 - GENERAL PROVISIONS (§§ 56-1-101 — 56-1-111) › Section 56-1-102 - Definitions for this chapter, chapters 2-4, 7, 10 and 11 of this title

As used in this chapter and chapters 2-4, 7, 10 and 11 of this title, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of commerce and insurance;
(2)
"Company" or "insurance company" includes all corporations, associations, partnerships, or individuals engaged as principals in the business of insurance;
(3)
"Department" means the department of commerce and insurance;
(4)
"Domestic" designates those companies incorporated in this state;
(5)
"Foreign," when used without limitation, includes all companies formed by authority of any other state or government;
(6)
"Net assets" means the funds of an insurance company available for the payment of its obligations in this state, including uncollected and deferred premiums not more than three (3) months due on policies actually in force, after deducting from the funds all unpaid losses and claims, and claims for losses, and all other debts and liabilities, inclusive of policy liability and exclusive of capital; and
(7)
"TennCare health benefit plan" has the same meaning as defined in SECTION 1;
(8)
"Unearned premiums," "reinsurance reserve," and "net value of policies" or "premium reserve," severally, mean the liability of an insurance company upon its insurance contracts, other than accrued claims computed by rules of valuation established by §§
56-1-402
- 56-1-405 [see the Compiler's Notes].
Amended by 2024 Tenn. Acts, ch. 949,s 2, eff. 7/1/2024.
Acts 1895, ch. 160, § 1; Shan., § 3274; Code 1932, § 6084; modified; T.C.A. (orig. ed.), § 56-102.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 1 - GENERAL PROVISIONS (§§ 56-1-101 — 56-1-111) › Section 56-1-103 - Adoption of data disclosure requirements - Requests for data concerning rate adjustments

(a)
The commissioner shall adopt data disclosure requirements developed by the National Association of Insurance Commissioners for Property and Casualty Insurors.
(b)
The commissioner is authorized to request other data that the commissioner deems necessary in considering requests for rate adjustments.
Acts 1987, ch. 438, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 1 - GENERAL PROVISIONS (§§ 56-1-101 — 56-1-111) › Section 56-1-104 - Standardized forms for health care insurance claims

(a)
The commissioner, in consultation with the commissioner of health, shall promulgate rules and regulations to effect the development and implementation of standardized forms for all health care insurance claims made in this state. In developing the rules and regulations, the commissioner shall give consideration to requiring the use of Form UB92.
(b)
The commissioner and the commissioner of health shall develop and implement the standardized forms in consultation with the insurance companies offering for sale health care policies in this state.
(c)
The commissioner, in consultation with the commissioner of health, shall promulgate the rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d)
All insurance companies offering for sale health care policies in this state shall require all policyholders and third party claimants to utilize the standardized forms when making a claim against any health care insurance policy in effect in this state.
(e)
As used in this section, "standardized forms" includes, but is not necessarily limited to, electronic storage systems and information.
Acts 1993, ch. 277, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 1 - GENERAL PROVISIONS (§§ 56-1-101 — 56-1-111) › Section 56-1-105 - Exclusion of types of insurance from specific insurance definitions

(a)
Notwithstanding any law to the contrary, "accident and health insurance," "accident and sickness insurance," "health insurance," "health benefit plan" or other similar term used in any legislation enacted after May 24, 2000, shall not include, unless specifically provided, the following types of insurance or any combination of these types of insurance: hospital indemnity, accident, dental, specified disease, disability income, long-term care, Champus supplement, or Medicare supplement, except as provided in this section.
(b)
Nothing contained in this section shall apply to chapters 4 and 12 of this title.
(c)
Nothing contained in this section shall apply to programs and services provided pursuant to Title XIX of the Social Security Act (
42 U.S.C. § 1396
et seq.), and regulations promulgated pursuant to Title XIX of the Social Security Act.
Acts 2000, ch. 808, §§ 1-3.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 1 - GENERAL PROVISIONS (§§ 56-1-101 — 56-1-111) › Section 56-1-106 - Requests for information regarding complaints - Time limits - Exceptions - Penalties

(a)
(1)
Notwithstanding any other provision of law or rule to the contrary, if the department makes a request for information from an entity or individual licensed under this title, or required to be licensed under this title, concerning a complaint filed against the entity or individual, and the request requires a response, the entity or individual must respond to the request within a reasonable time.
(2)
(A)
As used in this section, "reasonable time" means a period of time not to exceed thirty (30) days from the date the request is received by the entity or individual.
(B)
For the purposes of this section, the response by the entity or individual shall constitute a response if it acknowledges the inquiry from the department and sets forth a time frame to address the substantive issues in the inquiry.
(b)
This section does not apply to or preempt any other law that requires or allows the commissioner to require an individual or entity to respond to a request from the department within a period of time less than thirty (30) days.
(c)
The commissioner may levy a civil penalty in the amount of one hundred dollars ($100) per day upon any entity or individual that fails to respond within a reasonable time.
(d)
This section does not rescind or preempt any due process rights of entities regulated pursuant to this title.
(e)
This section does not apply to entities subject to regulation by the department that participate in the TennCare program under Title XIX of the Social Security Act (
42 U.S.C. § 1396
et seq.), or any successor to the TennCare program.
Acts 2004, ch. 496, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 1 - GENERAL PROVISIONS (§§ 56-1-101 — 56-1-111) › Section 56-1-107 - Authority to query the TBI's criminal history records system

Notwithstanding any other law to the contrary, in conjunction with the issuance of licenses, permits and registrations and the investigation of consumer complaints, the department has the authority to query the Tennessee bureau of investigation's (TBI) Tennessee criminal history records system for the following information:
(1)
Tennessee criminal history records;
(2)
Tennessee repository for apprehension of persons (TRAP);
(3)
State of Tennessee orders of protection files (STOP); and
(4)
Criminal history records of the federal government and other states to which the TBI may have access. Criminal history records of the federal bureau of investigation may be obtained for the reasons listed in this section only if fingerprints are obtained and submitted through the TBI.
Acts 2004, ch. 557, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 1 - GENERAL PROVISIONS (§§ 56-1-101 — 56-1-111) › Section 56-1-108 - Study of impediments to insurance for use of justifiable force

(a)
The commissioner shall conduct a study of Tennessee's insurance laws to determine what impediments, if any, exist under the insurance laws or policies of this state that may be acting as deterrents for insurance companies in this state to underwrite policies of insurance to insure a person who has used force that is justified, including deadly force, in protecting such person's self or property pursuant to §§
39-11-611
and
39-11-612
, commonly referred to as the castle doctrine, or any other law.
(b)
The commissioner shall report to the general assembly and to the governor the results of the study required by subsection (a) no later than March 1, 2012, with recommendations on whether such insurance should, in the commissioner's opinion, become available to Tennessee residents.
Acts 2011, ch. 429, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 1 - GENERAL PROVISIONS (§§ 56-1-101 — 56-1-111) › Section 56-1-110 - Claims to be brought in chancery court of Davidson county

(a)
Claims challenging liability imposed by this title must be brought in the chancery court of Davidson County pursuant to the procedures set out in title 67, chapter 1, part 9.
(b)
(1)
The commissioner may, against any person, agency, or company licensed, registered, or permitted by or operating under a certificate of authority issued by the commissioner, or acting in an unlawful capacity that brings such person, agency, or company under the jurisdiction of the commissioner, assess the actual and reasonable costs of the investigation, prosecution, and hearing of any disciplinary action held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in which sanctions of any kind are imposed on that person, agency, or company. These costs may include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, investigators, expert witnesses, administrative judges, and any other persons involved in the investigation, prosecution, and hearing of the action.
(2)
The commissioner may promulgate rules establishing a schedule of costs that may be assessed pursuant to this section. All rules must be promulgated in accordance with the Uniform Administrative Procedures Act.
(3)
(A)
All costs assessed pursuant to this section become final thirty (30) days after the date of a final order of assessment is served.
(B)
If the individual or entity disciplined fails to pay an assessment when it becomes final, the commissioner may apply to the chancery court of Davidson County, which shall have jurisdiction over recovery of the costs, for a judgment and seek execution of the judgment.
Acts 2018, ch. 873, § 2.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 1 - GENERAL PROVISIONS (§§ 56-1-101 — 56-1-111) › Section 56-1-111 - Chronic weight management task force

(a)
There is created the chronic weight management task force to study the health implications of chronic weight management and Type 2 diabetes.
(b)
The task force is composed of the following members:
(1)
Three (3) members of the house of representatives, one (1) of whom is the co-chair, appointed by the speaker of the house of representatives;
(2)
One (1) member who is a licensed certified endocrinologist appointed by the speaker of the house of representatives;
(3)
Three (3) members of the senate, one (1) of whom is the co-chair appointed by the speaker of the senate;
(4)
One (1) member who is an obesity expert certified by American Board of Obesity Medicine, appointed by the speaker of the senate; and
(5)
The commissioner of commerce and insurance or the commissioner's designee.
(c)
The task force shall study:
(1)
The health implications of chronic weight management and Type 2 diabetes;
(2)
The cost associated with the diseases;
(3)
The various health treatments available to reduce the epidemic in this state caused by the diseases; and
(4)
How to promote the use of the data to influence decision making to better understand the cost savings for prevention of chronic weight management and Type 2 diabetes.
(d)
The first meeting of the task force is no later than September 1, 2021. The task force may conduct meetings as it deems necessary to conduct its business. The members shall not receive compensation or travel reimbursement for serving on the task force.
(e)
The task force is attached to the department of commerce and insurance for administrative purposes.
(f)
By January 15, 2023, the task force shall report its findings and recommendations to the general assembly at which time this section is repealed and the task force ceases to exist.
Added by 2021 Tenn. Acts, ch. 373,s 1, eff. 5/11/2021.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-201 - Creation of department of commerce and insurance

There is created a department of commerce and insurance, whose chief officer is the commissioner.
Acts 1913, ch. 1, § 1; Shan., § 3276; impl. am. Acts 1923, ch. 7, §§ 50, 51; mod. Code 1932, § 6088; modified; impl. am. Acts 1971, ch. 137, §§ 1, 2; T.C.A. (orig. ed.), § 56-103.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-202 - Commissioner head of department

The commissioner shall be and act as the head of the department.
Acts 1923, ch. 7, § 51; Shan. Supp., § 373a113; Code 1932, § 330; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-104.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-203 - Commissioner not to be financially interested in insurance corporations

The commissioner shall not be financially interested, directly or indirectly, in any insurance corporation subject to the supervision of the department.
Acts 1923, ch. 7, § 54; Shan. Supp., § 373a117; Code 1932, § 334; Acts 1933, ch. 92, § 1; C. Supp. 1950, § 334; impl. am. Acts 1971, ch. 137, §§ 1, 2; T.C.A. (orig. ed.), § 56-106.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-204 - Inquisitorial power given commissioner and deputies

Inquisitorial power is given to the commissioner or the commissioner's deputies to inquire into any violation of this title, and to examine any person under oath, and to compel production of books, records, or papers relative to the inquiry.
Acts 1919, ch. 170, § 3; Shan. Supp., § 3323a1; Code 1932, § 6152; Acts 1978, ch. 530, § 1; T.C.A. (orig. ed.), § 56-107.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-205 - Traveling expenses of commissioner

The commissioner is entitled to, and shall be paid, all necessary traveling expenses, including railroad fare and hotel bills paid while away from the commissioner's office on official business.
Acts 1913, ch. 1, § 5; Shan., § 3276a4; impl. am. Acts 1923, ch. 7, §§ 50, 51; Code 1932, § 6089; T.C.A. (orig. ed.), § 56-108.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-206 - Special deputy commissioner - Compensation limited to half of fines

(a)
The commissioner is empowered, with the consent of the governor, to appoint special deputy commissioners for the better enforcement, and to apprehend all persons found in violation, of the insurance laws of this state.
(b)
The special deputies shall be clothed with powers as may be delegated by the commissioner.
(c)
The compensation of special deputy commissioners shall be limited to one half (1/2) of any fine assessed against any person found guilty of violating any of the insurance laws of this state; provided, that the fine so assessed shall be due to the efforts of the special deputy commissioner arresting or causing the arrest of the guilty person.
Acts 1919, ch. 131, § 1; Shan. Supp., § 3276a6; mod. Code 1932, § 6090; T.C.A. (orig. ed.), § 56-109.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-207 - Employment of actuaries by commissioner - Duties - Compensation

(a)
The commissioner is authorized to employ not more than three (3) actuaries, the qualifications of whom shall be acceptable to the commissioner, together with assistants deemed necessary by the commissioner for efficient administration of duties assigned to the actuaries. The commissioner shall assign the duties to be performed by the actuaries and assistants for the department.
(b)
The commissioner shall fix the compensation of the actuaries and assistants employed pursuant to this section and shall provide for the payment of expenses incurred by the actuaries and assistants while engaged in the performance of the duties assigned; provided, that any salary or per diem compensation shall not exceed a reasonable amount commensurate with usual compensation for like services, and the allowances of expenses shall not exceed the actual expenses incurred.
Acts 1943, ch. 97, § 1; C. Supp. 1950, § 6459.40 (Williams, § 6459.43); Acts 1961, ch. 31, § 1; impl. am. Acts 1971, ch. 137, §§ 1, 2; T.C.A. (orig. ed.), § 56-110.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-208 - Actuaries to compute net value of policies - Other duties

(a)
The commissioner shall require the actuaries employed pursuant to §
56-1-207
to compute the net value of outstanding policies of life insurance in companies, associations or fraternal orders authorized to transact business in this state as required by law.
(b)
The commissioner may assign other duties to the actuaries that the commissioner deems necessary or proper.
Acts 1943, ch. 97, § 2; C. Supp. 1950, § 6459.41 (Williams, § 6459.44); impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-111.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-209 - Payment of expenses of department - Record of receipts and expenditures - Excess fees

The commissioner shall pay out of the fees of the commissioner's office the necessary expenses of the department, shall keep an accurate record of all receipts and expenditures, and shall require and preserve sworn vouchers for each payment. The excess of fees, after paying necessary expenses, shall be turned into the state treasury.
Acts 1895, ch. 160, § 39; Shan., § 3324; mod. Code 1932, § 6153; T.C.A. (orig. ed.), § 56-138.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-210 - Advisory committee

(a)
The commissioner shall appoint an advisory committee to assist the department. The advisory committee shall be composed of not more than twelve (12) members who are qualified professionals in the health insurance industry and related health fields.
(b)
The advisory committee shall meet with the commissioner or the commissioner's designee and shall report periodically to the department on its findings.
Acts 1985, ch. 388, § 3.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-211 - Office to assist older persons concerning insurance

(a)
The commissioner shall establish within the department an office to assist older Tennesseans in understanding, evaluating, and comparing insurance products available to them. The projects, programs, and services of the office shall be coordinated with those of the commission on aging and disability created by §
52-8-102
. The office shall devote particular attention to addressing questions involving medicare supplement insurance policies.
(b)
Subject to the limits of any appropriation by the general assembly, the commissioner may, through the office established under subsection (a):
(1)
Employ or contract for the services of a consultant approved by the department of disability and aging;
(2)
Train the consultant to meet with and appear before senior citizens groups to disseminate and gather information on insurance products of interest to them;
(3)
Develop a computer system capable of comparing features and rates of various insurance policies;
(4)
Reimburse volunteers for travel expenses incurred in connection with the performance of duties assigned by the office; and
(5)
Undertake any other activities that are reasonably necessary to accomplish the purposes of this section.
Amended by 2024 Tenn. Acts, ch. 688,s 142, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 141, eff. 7/1/2024.
Acts 1988, ch. 986, § 2.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-212 - Commissioner's authority to regulate - Conversion of health insurance business

(a)
Notwithstanding any provision of this title to the contrary, the commissioner shall have the same authority to regulate and shall apply the same substantive standards to hospital and medical service corporations licensed pursuant to chapter 29 of this title as shall apply to health insurers doing business pursuant to chapter 26, part 1 of this title.
(b)
(1)
Prior to engaging in any transaction or series of transactions the net effect of which shall be to effectuate the conversion by any method, directly or indirectly, of all or substantially all of the health insurance business of the nonprofit hospital and medical service corporation, as measured by annual revenue on a consolidated basis, to a for-profit entity of any kind the equity interest of which is not wholly owned by the corporation or its insureds, the service corporation shall file with the commissioner a written notice of its intention to do so. The commissioner shall, upon receipt of the notice, forward a copy of the notice to the governor and to the speaker of the house of representatives and the speaker of the senate. The service corporation shall take no action to effectuate the completion of the conversion for a period of one (1) year from the date of the filing, or until the end of the next regular session of the general assembly in the year following the year in which the notice is given in the event the one-year period does not include a full, regular legislative session of the general assembly.
(2)
For the purposes of subdivision (b)(1):
(A)
"All or substantially all of the health insurance business" shall not include the sale of all or part of the assets of equity interest in a subsidiary company unless the subsidiary company constitutes in excess of seventy-five percent (75%) of the total consolidated annual revenue of the service corporation as reflected on its annual statement for the preceding year; and
(B)
The transfer of health insurance business of the service corporation shall not be deemed to include the contracting or subcontracting of business or business functions.
(c)
Notwithstanding any law to the contrary, the board of directors of the service corporation licensed pursuant to chapter 29 of this title, shall meet all of the requirements for boards of directors of nonprofit corporations pursuant to title 48, chapter 58, part 1. To the extent that chapter 29 of this title conflicts with title 48, chapter 58, title 48, chapter 58 shall control.
Acts 2003, ch. 96, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 2 - ORGANIZATION AND PERSONNEL (§§ 56-1-201 — 56-1-213) › Section 56-1-213 - Fee to cover costs of issuing or renewing licenses, registrations and permits

The commissioner is authorized to promulgate, by rule, a convenience fee to cover the costs of issuing or renewing licenses, registrations and permits. Any fee set by rule under the authority of this section may be assessed in addition to the fee or fees assessed for the costs of issuing or renewing licenses, registrations and permits by mail or in person. In no event shall the fee exceed the actual costs incurred in issuing or renewing a license, registration or permit.
Amended by 2016 Tenn. Acts, ch. 838,s 2, eff. 7/1/2016.
Acts 2005, ch. 375, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 3 - DIVISION OF REGULATORY BOARDS (§§ 56-1-301 — 56-1-313) › Section 56-1-301 - Director for division of regulatory boards

The commissioner shall employ a director for the division of regulatory boards created under §
4-3-1303
.
Acts 1978, ch. 906, § 1; modified; T.C.A., § 56-145.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 3 - DIVISION OF REGULATORY BOARDS (§§ 56-1-301 — 56-1-313) › Section 56-1-303 - Consultations with boards - Conclusiveness of director's decisions

In providing the administrative functions required under §§
56-1-301
,
56-1-302
and
56-1-306
, the director shall consult with each board as to its particular requirements, but the decision of the director in such matters shall be conclusive, except as otherwise directed by the commissioner.
Acts 1978, ch. 906, § 1; modified; T.C.A., § 56-145.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 3 - DIVISION OF REGULATORY BOARDS (§§ 56-1-301 — 56-1-313) › Section 56-1-304 - Director as member of each board - Notice to director of meetings

(a)
The director or the director's duly authorized representative shall be an ex officio, nonvoting member of each board attached to the department, and shall be entitled to attend all meetings of the boards.
(b)
Each board shall advise the director of any meetings at which official action will be taken at least forty-eight (48) hours prior to the meeting, unless the director expressly waives the requirement.
Acts 1978, ch. 906, § 2; modified; T.C.A., § 56-145.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 3 - DIVISION OF REGULATORY BOARDS (§§ 56-1-301 — 56-1-313) › Section 56-1-305 - Bond of director and assistants

The director, and any assistants designated by the commissioner, shall give bond as provided by law, conditioned upon the faithful performance of the duties of the office and for the faithful accounting of all money and other property that comes into their hands.
Acts 1978, ch. 906, § 3; modified; T.C.A., § 56-145.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 3 - DIVISION OF REGULATORY BOARDS (§§ 56-1-301 — 56-1-313) › Section 56-1-306 - Personnel

Any employment of personnel by the director for the division of regulatory boards shall be in accordance with rules of the departments of human resources and finance and administration.
Amended by 2017 Tenn. Acts, ch. 454,s 2, eff. 5/25/2017.
Acts 1978, ch. 906, § 1; modified; T.C.A., § 56-145.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 3 - DIVISION OF REGULATORY BOARDS (§§ 56-1-301 — 56-1-313) › Section 56-1-307 - Per diem and travel expenses of board, commission or agency members

(a)
Members of each board, commission, or agency attached to the division of regulatory boards created under §
4-3-1303
shall receive the sum of fifty dollars ($50.00) for each day actually spent in the performance of their official duties.
(b)
All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1984, ch. 676, § 13.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 3 - DIVISION OF REGULATORY BOARDS (§§ 56-1-301 — 56-1-313) › Section 56-1-308 - Penalty for violation of statute, rule or order - Recovery

(a)
With respect to any person required to be licensed, permitted, or authorized by any board, commission or agency attached to the division of regulatory boards, each respective board, commission or agency may assess a civil penalty against the person in an amount not to exceed one thousand dollars ($1,000) for each separate violation of a statute, rule or order pertaining to the board, commission or agency. Each day of continued violation constitutes a separate violation.
(b)
Each board, commission or agency shall by rule establish a schedule designating the minimum and maximum civil penalties that may be assessed under this section. In assessing civil penalties, the following factors may be considered:
(1)
Whether the amount imposed will be a substantial economic deterrent to the violator;
(2)
The circumstances leading to the violation;
(3)
The severity of the violation and the risk of harm to the public;
(4)
The economic benefits gained by the violator as a result of noncompliance; and
(5)
The interest of the public.
(c)
(1)
Civil penalties assessed pursuant to this section shall become final thirty (30) days after the date a final order of assessment is served. Payment of any civil penalty assessed after a hearing held pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, is a prerequisite to issuance or renewal of any license issued by a board, commission or agency attached to the division unless the final decision of the board, commission or agency is stayed pursuant to §
4-5-322(c)
, or acceptable arrangements for payment of the civil penalty are made with the board, commission or agency prior to the issuance or renewal of any license issued by a board, commission or agency attached to the division.
(2)
If the violator fails to pay an assessment when it becomes final, the division may apply to the appropriate court for a judgment and seek execution of the judgment.
(3)
Jurisdiction for recovery of the penalties shall be in the chancery court of Davidson County, or the chancery court of the county in which all or part of the violations occurred.
(d)
All sums recovered pursuant to this section shall be paid into the state treasury.
Amended by 2013 Tenn. Acts, ch. 138,s 2, eff. 4/12/2013.
Acts 1984, ch. 785, § 1; 1989, ch. 389, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 3 - DIVISION OF REGULATORY BOARDS (§§ 56-1-301 — 56-1-313) › Section 56-1-309 - Expenditure estimates - Improvement recommendations

Before submitting an estimate of its expenditure requirements as provided in §
9-4-5103
, the department shall consult with each board, commission, or agency that is attached to the division of regulatory boards created under §
4-3-1303
and is authorized or required to collect any fees. The board, commission, or agency shall timely submit to the commissioner an itemized list of any improvements recommended for inclusion in the department's expenditure estimate. In the preparation of the estimate, the department shall clearly indicate the disposition of each improvement recommendation received under this section. The department shall transmit with its expenditure estimate a copy of each list of recommended improvements received under this section to the commissioner of finance and administration.
Acts 1989, ch. 523, § 180.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 3 - DIVISION OF REGULATORY BOARDS (§§ 56-1-301 — 56-1-313) › Section 56-1-310 - Moneys collected by boards attached to division of regulatory boards - Separate account in state general fund

(a)
Notwithstanding any law to the contrary, all moneys collected by any board attached to the division of regulatory boards pursuant to §
4-3-1304
shall be deposited in the state general fund and credited to a separate account for each board.
(b)
(1)
Disbursements from the accounts shall be made solely for the purpose of defraying expenses incurred in the implementation and enforcement of the boards' areas of regulation.
(2)
Notwithstanding subdivision (b)(1):
(A)
At a board's discretion and upon the approval of the commissioner of commerce and insurance and the commissioner of finance and administration, funds in board accounts may be expended for the following purposes:
(i)
Capital purchases, including technology upgrades;
(ii)
Communications and marketing programs related to the board's regulated industries, including consumer protection campaigns, public service announcements, and targeted media;
(iii)
Educational programs related to the board's regulated industries, including programs regarding consumer awareness, industry best practices, and industry recruitment;
(iv)
Payment of legal fees and related costs associated with legal representation by the attorney general and reporter; and
(v)
Other initiatives related to the department's strategic plan;
(B)
The commissioner of commerce and insurance, with the approval of the commissioner of finance and administration, may in extraordinary circumstances expend reserve funds in a board account for the purpose of administering the corresponding programs of that board; and
(C)
On or before December 31 in each year that reserve funds are expended under subdivision (b)(2)(B), the commissioner of commerce and insurance shall report to the chairs of the finance, ways and means committees of the senate and the house of representatives a list containing the name of each regulatory board reserve account for which funds were expended and the amount expended.
(c)
The expenses shall not be paid from any other state funds.
(d)
Funds remaining in board accounts at the end of any fiscal year shall not revert to the general fund but shall remain available for expenditure in accordance with law.
Amended by 2021 Tenn. Acts, ch. 549, s 9, eff. 10/1/2021.
Acts 1991, ch. 440, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 1 - DEPARTMENT OF COMMERCE AND INSURANCE (§§ 56-1-101 — 56-1-1002) › Part 3 - DIVISION OF REGULATORY BOARDS (§§ 56-1-301 — 56-1-313) › Section 56-1-311 - Assessment of investigatory and hearing costs - Rules and regulations

(a)
Notwithstanding any contrary law, the division of regulatory boards or any board, commission or agency attached to the division of regulatory boards may assess the actual and reasonable costs of the investigation, prosecution and hearing of any disciplinary action held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized by the division or respective board, commission or agency. These costs may include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, investigators, expert witnesses, administrative judges and any other persons involved in the investigation, prosecution and hearing of the action.
(b)
The commissioner shall promulgate rules and regulations establishing a schedule of costs that may be assessed pursuant to this section.
(c)
(1)
All costs assessed pursuant to this section shall become final thirty (30) days after the date a final order of assessment is served.
(2)
If the individual or entity disciplined fails to pay an assessment when it becomes final, the division may apply to the appropriate court for a judgment and seek execution of the judgment.
(3)
Jurisdiction for recovery of the costs shall be in the chancery court of Davidson County.
Acts 1998, ch. 655, § 1.