reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of commerce and insurance;
(2)
"Intern sponsor" means any qualified licensed Tennessee examiner who is approved by the commissioner for the purpose of supervising and furthering the education of the intern during the commissioner approved training program;
(3)
"Internship" means the study of polygraph techniques and of the administration of polygraph techniques by a trainee, referred to as an "intern" in this chapter, under the personal supervision and control of a local licensed polygraph examiner in accordance with a course of study prescribed by the commissioner at the commencement of the internship;
(4)
"Person" means any natural person, firm, association, copartnership or corporation; and
(5)
"Polygraph examiner" means any person who purports to be able to detect deception or verify truth of statements through instrumentation or by means of a mechanical device.
Amended by 2021 Tenn. Acts, ch. 294, s 14, eff. 7/1/2021.
Acts 1978, ch. 900, § 3; impl. am. Acts 1981, ch. 489, § 1; T.C.A., § 62-2702; Acts 1982, ch. 720, § 4; 1999, ch. 252, §§ 1, 2, 4, 5, 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-103 - Minimum requirements for polygraph machines

(a)
Any polygraph machine used to test or question individuals for the purpose of detecting deception or verifying truth of statements shall record visually, permanently and simultaneously:
(1)
A person's cardiovascular pattern;
(2)
A person's respiratory or breathing pattern; and
(3)
Electrodermal or galvanic skin response pattern as minimum standards of instrumentation.
(b)
Patterns of other physiological changes in addition to subdivisions (a)(1) and (2) may also be recorded.
(c)
The use of any other instrument or device to detect deception or to verify truth of statements that does not meet these minimum instrumentation requirements is prohibited except that another instrument or device may be used by law enforcement officers in the course of their full-time employment with a federal, state or local law enforcement agency who are certified to operate the instrument or device.
Acts 1978, ch. 900, § 4; T.C.A., § 62-2703; Acts 2000, ch. 821, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-105 - Rules and regulations - Assistance

(a)
(1)
The commissioner shall issue rules and regulations necessary for the administration and enforcement of this chapter and shall prescribe forms to be used in connection with it.
(2)
The commissioner shall prescribe rules requiring continuing education as a prerequisite for renewal of licenses as polygraph examiners in accordance with §
62-27-129
.
(b)
The commissioner shall have the right and power to contract for the services of any licensed qualified polygraph examiner to assist with the administration and analysis of polygraph examinations.
Acts 1978, ch. 900, § 6; 1979, ch. 133, § 2; 1980, ch. 705, § 1; 1981, ch. 489, § 4; T.C.A., § 62-2705; Acts 1982, ch. 720, §§6-8; 1988, ch. 805, § 2; 1998, ch. 777, § 1; 1999, ch. 252, §§4, 5; 2003 , ch. 206, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-106 - License requirement

(a)
It is unlawful for any person, including a city, county or state employee, to administer polygraph examinations or to represent to be a polygraph examiner without holding a valid polygraph examiner's license issued by the commissioner.
(b)
It is unlawful for any person, other than a law enforcement officer acting in accordance with §
62-27-103(c)
, to operate any instrument or device to detect deception or verify the truth of statements that does not meet the minimum instrumentation requirements set forth in §
62-27-103(a)
or to use any title or make any representation tending to indicate that the person is qualified to detect deception or verify truth of statements through the use of the instrument or device.
(c)
A violation of this section is a Class B misdemeanor.
Acts 1978, ch. 900, § 7; 1981, ch. 489, §§ 5, 7; T.C.A., § 62-2706; Acts 1982, ch. 720, § 9; 1989, ch. 591, § 112; 1999, ch. 252, § 4; 2000, ch. 821, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-107 - Qualifications for license

(a)
In order to be eligible for a license as a polygraph examiner, an applicant must demonstrate to the satisfaction of the commissioner that the applicant:
(1)
Is at least twenty-one (21) years of age;
(2)
Is a citizen of the United States;
(3)
Is of good moral character;
(4)
Has not been convicted of any felony or misdemeanor involving moral turpitude;
(5)
Holds a baccalaureate degree from a college or university accredited by a recognized regional or local accreditation committee or, in lieu of a baccalaureate degree, has at least two (2) years of college credits and has, for at least five (5) years immediately preceding the date of application, actively engaged in substantial criminal, counterintelligence or private investigative work;
(6)
Has graduated from a school of polygraph approved by the American Polygraph Association or the commissioner;
(7)
Has passed a licensing examination conducted by or under the supervision of the commissioner; and
(8)
Has satisfactorily completed an internship of six (6) months or, in lieu of the completion of the internship, has provided satisfactory evidence the applicant is currently actively engaged in the polygraph examinations business in another state that may or may not have professional licensing requirements and has been principally engaged in the business of conducting polygraph examinations in that state for at least five (5) consecutive years. An applicant pursuant to this subdivision (a)(8) shall also submit evidence of a current business license, tax records and a minimum of two (2) letters of recommendation from either former clients or government agency officials.
(b)
Each polygraph examining company organized for the purpose of employing two (2) or more polygraph examiners on a full-time salaried basis shall make application to the commissioner in writing under oath on forms prescribed by the commissioner. The application shall be accompanied by the required fee, which is not refundable. The application shall contain information that the commissioner deems necessary, including, but not limited to, the names of the corporate officers, the principal place of business, the business telephone number at the principal place of business and the specific name of the person to be contacted. Each company shall be required to certify that it employs only qualified licensed polygraph examiners who meet the qualifications required by this chapter.
Acts 1978, ch. 900, § 8; T.C.A., § 62-2707; Acts 1982, ch. 720, § 10; 1986, ch. 739, §2; 1999, ch. 252, §§4, 5, 6; 2007 , ch. 249, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-108 - License applications

(a)
An application for original license shall be made to the commissioner in writing under oath on forms prescribed by the commissioner and shall be accompanied by the required fee, which is not refundable.
(b)
The application shall contain information that the commissioner deems necessary to enable it to judge the qualifications of the applicant.
(c)
An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 15, eff. 7/1/2018.
Acts 1978, ch. 900, § 10; T.C.A., § 62-2709; Acts 1982, ch. 720, §11; 1999, ch. 252, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-109 - Reciprocity - Service of process on nonresidents

(a)
(1)
Each nonresident applicant for an original license or a renewal license shall file with the commissioner an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process on any such action may be served on the applicant by leaving two (2) copies of the process with the commissioner. The consent shall stipulate and agree that the service of process shall be taken and held to be valid and binding for all purposes.
(2)
The commissioner shall send forthwith one (1) copy of the process to the applicant at the address shown on the records of the commissioner by registered or certified mail.
(b)
A nonresident of this state who is a licensed polygraph examiner under the laws of another state or territory of the United States may apply for a license as a polygraph examiner in this state by submitting an application to the commissioner as provided in §
62-27-108
. The commissioner may issue a license to the nonresident applicant without examination if the commissioner determines that the applicant has substantially met the qualifications for a license in this state. The commissioner may, in its discretion, refuse to issue a polygraph examiner's license to an applicant who is not a resident of this state.
Acts 1978, ch. 900, § 11; T.C.A., § 62-2710; Acts 1982, ch. 720, §12; 1999, ch. 252, §§ 4, 5, 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-111 - Internship

(a)
(1)
Upon approval by the commissioner, an internship permit shall be issued to an intern applicant who has completed a recognized polygraph school; provided, that the intern applicant applies for the license and pays the required fee.
(2)
The application shall contain information that may be required by the commissioner.
(b)
An internship permit shall be valid for the term of twelve (12) months from the date of issue. The permit may be extended or renewed for any term not to exceed six (6) months upon good cause shown to the commissioner. The intern may apply for an examiner's license after completion of six (6) months from the date of issue of the internship; provided, however, that all other requirements of this chapter are met.
(c)
An intern shall not be entitled to hold an internship permit after the expiration date of the original twelve (12) month period and six (6) month extension if an extension is granted by the commissioner until twelve (12) months after the date of expiration of the last internship license held by the intern.
(d)
All intern applicants are required to take and pass an intern examination as prescribed by the commissioner prior to commencement of the internship unless the applicant has completed a polygraph school or held a polygraph examiner license in this state in the immediate preceding twenty-four month period.
(e)
No intern may administer an actual polygraph examination without an intern permit.
(f)
All internship programs shall be subject to inspection and review by the commissioner at the times and in the manner that it prescribes. The commissioner may require that interns administer certain numbers and types of polygraph examinations during their period of internship.
(g)
(1)
In order to be eligible to serve as a sponsor for an intern polygraph examiner, a person must have held a valid Tennessee polygraph examiner's license for at least the immediately preceding two (2) years.
(2)
No licensed polygraph examiner may sponsor more than two (2) interns at any one time. Each sponsor shall submit to the commissioner on the prescribed forms progress reports on the sponsor's intern or interns every sixty (60) days.
Acts 1978, ch. 900, § 13; T.C.A., § 62-2712; Acts 1982, ch. 720, §§ 14-16; 1999, ch. 252, §§4 - 6; 2003 , ch. 206, §§ 6-9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-112 - Fees - Rules and regulations

(a)
The commissioner shall issue rules and regulations to prescribe all fees necessary to administer this chapter.
(b)
The fees required by this chapter may be paid by the governmental agency employing the examiner.
Acts 1978, ch. 900, § 14; 1980, ch. 705, § 6; 1981, ch. 489, § 8; T.C.A., §62-2713; Acts 1986, ch. 739, § 4; 1988, ch. 805, § 1; 1989, ch. 523, § 146; 1999, ch. 252, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-113 - Display of license

A license or duplicate license, intern permit or duplicate intern permit must be prominently displayed at the place of business of the polygraph examiner or at the place of internship, or in the case of a company license, at the principal business location.
Acts 1978, ch. 900, § 15; T.C.A., § 62-2714; Acts 1986, ch. 739, §5; 1999, ch. 252, §4; 2003 , ch. 206, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-114 - Notice of change of business address

Any polygraph examiner or company licensed under this chapter shall notify the commissioner in writing within thirty (30) days of any change of business address.
Acts 1978, ch. 900, § 16; T.C.A., § 62-2715; Acts 1982, ch. 720, §17; 1986, ch. 739, §6; 1999, ch. 252, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-115 - Expiration and renewal of licenses

(a)
All licenses shall expire the last day of the twenty-fourth month from issuance or renewal.
(b)
(1)
A license shall be subject to late renewal for a period of six (6) months following its expiration date by payment of the renewal fee plus a penalty as set by the commissioner for each month or portion of a month that elapses before payment is tendered.
(2)
Any person who fails to renew the person's license within six (6) months after its expiration must reapply for licensure.
(c)
(1)
Any polygraph examiner whose license expired while the polygraph examiner was in the federal service on active duty with the armed forces of the United States, the national guard called into service or training or in training or education under the supervision of the United States preliminary to induction into the military service may have the license renewed without examination if within two (2) years after termination of the service, training or education, except under conditions other than honorable, and this includes any charges of drug violations or felonies, the polygraph examiner furnishes the commissioner with an affidavit to the effect that the polygraph examiner has been so engaged and that the polygraph examiner's service, training or education has been so terminated.
(2)
Section
62-27-107(a)(2)-(4) and (8)
must also be satisfied.
(d)
The continuing education requirements established pursuant to §
62-27-105
shall be satisfied prior to a license renewal.
Acts 1978, ch. 900, § 17; T.C.A., § 62-2716; Acts 1982, ch. 720, §18; 1986, ch. 739, §3; 1988, ch. 805, § 4; 1989, ch. 360, §13; 1989, ch. 523, § 147; 1990, ch. 1026, § 44; 1999, ch. 252, §4; 2008 , ch. 1038, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-116 - Valid license prerequisite to court claim

No action or counterclaim shall be maintained by any person rendering polygraph examiner services as defined by this chapter in any court in this state with respect to any agreement or service for which a license is required by this chapter, to recover the agreed price or any compensation under the agreement or for services for which a license is required by this chapter without alleging and proving that the person had a valid license at the time of making the agreement or performing the services.
Acts 1978, ch. 900, § 18; 1980, ch. 705, § 7; T.C.A., § 62-2717.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-117 - Grounds for license refusal, revocation or suspension

The commissioner may refuse to issue or may suspend or revoke a license on any one (1) or more of the following grounds:
(1)
Failing to inform a subject to be examined as to the nature of the examination;
(2)
Failing to inform a subject to be examined that the subject's participation in the examination is voluntary;
(3)
Material misstatement in the application for original license or in the application for any renewal license under this chapter;
(4)
Willful disregard or violation of this chapter or of any regulation or rule issued pursuant to this chapter, including, but not limited to, willfully making a false or misleading report, including an oral report, concerning an examination for polygraph examination purposes and for inquiring into areas prohibited by this chapter;
(5)
If the holder of any license has been adjudged guilty of any felony or has been adjudged guilty of any misdemeanor involving moral turpitude. However, an action taken under this subdivision (5) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title;
(6)
Making any willful misrepresentation or false promises to the person being examined or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or interns;
(7)
Having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter or by any rule or regulation issued pursuant to this chapter;
(8)
Allowing one's license under this chapter or the polygraph instrument to be used by an unlicensed person in violation of this chapter;
(9)
Knowingly or willingly aiding or abetting another in the violation of this chapter or any regulation or rule issued pursuant to this chapter;
(10)
Where the license holder has been adjudged mentally incompetent as provided by state law;
(11)
Failing, within thirty (30) calendar days, to provide information requested by the commissioner as the result of a formal complaint to the commissioner that would indicate a violation of this chapter;
(12)
Failing to inform the subject of the results of the examination upon written request;
(13)
Failing to fully and completely inform the examinee of the examinee's rights and to follow the procedure for examination, as provided in this chapter; or
(14)
In the case of a company, willful disregard in the employment of polygraph examiners who demonstrate unworthiness or incompetency to act as polygraph examiners.
Amended by 2021 Tenn. Acts, ch. 294, s 15, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 745, s 16, eff. 7/1/2018.
Acts 1978, ch. 900, § 19; 1980, ch. 705, §§ 8, 9; T.C.A., § 62-2718; Acts 1982, ch. 720, §§ 19, 20; 1986, ch. 739, § 7; 1999, ch. 252, §§ 4, 5, 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-118 - Review of license refusals, revocations or suspensions - Appellate review

Any action by the commissioner pursuant to §
62-27-117
, or any appellate review thereafter, shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1978, ch. 900, § 20; 1980, ch. 705, § 10; T.C.A., §62-2719; Acts 1999, ch. 252, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-119 - Violation of chapter by polygraph examiner or intern

Any unlawful act or violation of this chapter on the part of any polygraph examiner or intern shall not be cause for revocation of the license of any other polygraph examiner for whom the offending examiner or intern may have been employed, unless it appears to the satisfaction of the commissioner that the polygraph examiner-employer has willfully or negligently aided or abetted the illegal actions or activities of the offending polygraph examiner or intern.
Acts 1978, ch. 900, § 21; T.C.A., § 62-2720; Acts 1986, ch. 739, § 9; 1999, ch. 252, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-122 - Enjoining of violation of chapter

The commissioner, in addition to the powers and duties expressly granted by this chapter, is authorized and empowered to petition any circuit or chancery court having jurisdiction to enjoin any person who is practicing or attempting to practice as a polygraph examiner without possessing a valid license to so practice in accordance with this chapter.
Acts 1978, ch. 900, § 24; 1980, ch. 705, § 11; T.C.A., §62-2723; Acts 2003 , ch. 206, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-124 - Recordkeeping - Confidentiality

(a)
All polygraph charts, question sheets, written reports, data sheets, opinions of the polygraph examiner based on chart analysis and other pertinent papers shall be kept on file for at least three (3) years from the date of the examination in a safe place under the direct control of the examiner or, if the examiner is not independent, the examiner's employer.
(b)
No records obtained by law enforcement officers or employees during official polygraph examinations shall be subject to disclosure under this chapter.
Acts 1978, ch. 900, § 7; 1981, ch. 489, §§ 5, 7; T.C.A., § 62-2706; Acts 1982, ch. 720, § 23; 1986, ch. 739, § 3; 1998, ch. 777, §§3, 4; 2003 , ch. 206, § 14.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-125 - Protection of rights of examinee

In order to protect the rights of the examinee in the administration of the polygraph examination, the following minimum procedures must be followed:
(1)
Each prospective examinee shall be required to sign a notification and receive a copy of the notification on a form prescribed by the commissioner prior to the beginning of a polygraph examination. The notification shall contain the following information:
(A)
That the examinee is consenting voluntarily to the examination;
(B)
That the examinee has the right to refuse to take a polygraph examination;
(C)
That the examinee has the right to refuse to answer any question;
(D)
That the examinee may terminate the examination at any time;
(E)
That the examinee has the right to make a written request to the examiner within thirty (30) days of the examination to be furnished the results of the examination upon the payment of a reasonable fee to be established by the board to cover the cost of the results and that, upon receipt of the written request and payment of the fee, the examiner shall, within thirty (30) days of receipt of the written request, provide the examinee with a written copy of any opinions or conclusions rendered as a result of the examination;
(F)
That the examinee or the examinee's attorney has the right to make an audio or video recording of the examination and pretest interview;
(G)
The name of the polygraph examiner, the examiner's polygraph examiner license number issued by the board and the examiner's business address; and
(H)
The name and address of the commissioner.
(2)
If the polygraph examiner is a law enforcement official or other officer of the court, that fact shall be disclosed to the examinee prior to the commencement of the examination. The examiner shall further inform the examinee that should the examinee choose to proceed with the examination under such circumstances, any illegal activity disclosed during the examination may be used against the examinee in a court of law.
(3)
The board shall by rule and regulation establish appropriate forms and language to be contained on the forms to accomplish the purposes of this section.
Amended by 2021 Tenn. Acts, ch. 294, s 17, eff. 7/1/2021.
Acts 1986, ch. 739, §10; 2003 , ch. 206, §§ 4, 15, 16.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-126 - Recording of examinations

(a)
If prior to the commencement of the examination the examinee requests in writing that the examination be taped, an audio tape recording of the entire examination including pretest interviews shall be made. In the event that a test result shows that the examinee has been deceptive and the examinee has requested in writing that the examination be taped, the polygraph examiner shall keep the tape recording on file with other test results for a one-year period. The polygraph examiner shall inform the examinee that the tape recording and test results will be available to the examinee for inspection or copying during the one-year period.
(b)
Failure to tape record a preemployment examination pursuant to subsection (a) constitutes separate acts of examiner misconduct, which may result in revocation or suspension of the examiner's license by the commissioner.
(c)
The commissioner may, in the commissioner's own discretion, and shall, upon the verified complaint in writing of any person setting forth a cause of action under this section, investigate and ascertain the facts and, if warranted, hold a hearing for reprimand or for the suspension or revocation of a license.
(d)
Complaints of alleged violations shall be filed in writing with the commissioner in a manner to be prescribed by the commissioner, and the commissioner shall prescribe the manner in which complaints shall be investigated.
(e)
All hearings shall be conducted pursuant to the requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f)
If a polygraph examiner is found guilty of any violation of this section, the commissioner shall impose penalties and fines for the violations, including, but not limited to:
(1)
For a first violation, six (6) months' suspension of the examiner's license and a five hundred dollar ($500) fine upon reapplication for a license. Section
62-27-115(b)(2)
is applicable to reapplication;
(2)
For a second violation, one-year suspension of the examiner's license and a one thousand dollar ($1,000) fine upon reapplication for a license. Section
62-27-115(b)(2)
is applicable to reapplication; and
(3)
For a third violation, permanent suspension of the examiner's license and a fine of two thousand five hundred dollars ($2,500).
Amended by 2021 Tenn. Acts, ch. 294, s 18, eff. 7/1/2021.
Acts 1986, ch. 739, § 11; 1999, ch. 252, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-127 - Frequency of exams by an examiner

No licensed polygraph examiner shall conduct more than one (1) polygraph examination per hour.
Acts 1986, ch. 739, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-128 - Employer action based on polygraph exam

No employer may take any personnel action based solely upon the results of a polygraph examination.
Acts 1986, ch. 739, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 27 - POLYGRAPH EXAMINERS ACT (§§ 62-27-101 — 62-27-129) › Section 62-27-129 - Continuing education requirements

(a)
In prescribing requirements for continuing education as a prerequisite for licensure renewal under §
62-27-105
, the commissioner shall, at a minimum:
(1)
Define the basic requirements to be no less than twenty-four (24) credit hours every two (2) years in polygraph;
(2)
Delineate qualifying programs; and
(3)
Establish a system of control and reporting.
(b)
The commissioner may extend the time within which licensees under this chapter are required to comply with continuing education requirements for reasons of poor health, military service or other reasonable and just causes.
Acts 1988, ch. 805, § 3; 1999, ch. 252, §4; 2008 , ch. 1038, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 28 - GINSENG DEALERS (§§ 62-28-101 — 62-28-107) › Section 62-28-101 - Registration and permit requirements

Any ginseng dealer who purchases ginseng collected in this state shall register with the department of environment and conservation and obtain a ginseng dealer permit from the department.
Acts 1983, ch. 445, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 28 - GINSENG DEALERS (§§ 62-28-101 — 62-28-107) › Section 62-28-102 - Monthly records - Annual report

Each registered ginseng dealer shall submit monthly purchase records for the period of September 1 through March 31 of each year and an annual report of purchases and sales of ginseng.
Acts 1983, ch. 445, § 2; 1988, ch. 782, §1; 2012 , ch. 591, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 28 - GINSENG DEALERS (§§ 62-28-101 — 62-28-107) › Section 62-28-103 - Ginseng export certificate

Any ginseng dealer who exports or sells to another ginseng dealer shall attach a Tennessee ginseng export certificate with each sale of ginseng roots. The information on this certificate must be verified and signed by a representative of the department of environment and conservation, except where otherwise specified in reciprocal agreements with neighboring ginseng exporting states.
Acts 1983, ch. 445, § 3; 1988, ch. 782, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 28 - GINSENG DEALERS (§§ 62-28-101 — 62-28-107) › Section 62-28-104 - Regulations

The commissioner of environment and conservation may promulgate regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this chapter. The commissioner may establish, by regulation, fees for the registration of dealers and issuance of permits in amounts sufficient to pay the approximate cost of administering the registration and permit program. The commissioner may not promulgate any rule or regulation concerning the planting, harvesting or selling of ginseng that is more restrictive than that required by the United States department of the interior, fish and wildlife service, in order that ginseng may be eligible for exportation.
Acts 1983, ch. 445, § 4; 1985, ch. 170, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 28 - GINSENG DEALERS (§§ 62-28-101 — 62-28-107) › Section 62-28-105 - Violations

A violation of §§
62-28-102
- 62-28-104 is a Class C misdemeanor.
Acts 1983, ch. 445, § 5; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 28 - GINSENG DEALERS (§§ 62-28-101 — 62-28-107) › Section 62-28-106 - Annual disposition of roots

All ginseng roots remaining in the possession of a ginseng dealer on March 31 of each year must be weighed and receipted by a department of environment and conservation representative.
Acts 1988, ch. 782, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 28 - GINSENG DEALERS (§§ 62-28-101 — 62-28-107) › Section 62-28-107 - Agreements with neighboring states

The commissioner of environment and conservation is authorized to enter into agreements with neighboring ginseng exporting states for the purpose of facilitating the trade of ginseng by and between this state and those states.
Acts 1988, ch. 782, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 29 - TAX RETURNS AND REFUNDS (§§ 62-29-101 — 62-29-205) › Part 1 - TAX RETURN PREPARER ACT OF 1969 (§§ 62-29-101 — 62-29-106) › Section 62-29-101 - Short title

This part shall be known and may be cited as the "Tax Return Preparer Act of 1969."
Acts 1969, ch. 317, § 1; T.C.A., § 67-5701.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 29 - TAX RETURNS AND REFUNDS (§§ 62-29-101 — 62-29-205) › Part 1 - TAX RETURN PREPARER ACT OF 1969 (§§ 62-29-101 — 62-29-106) › Section 62-29-102 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Person" means a natural person, corporation, association, partnership or any organized group of persons; and
(2)
"Preparer of tax returns" means a person who, in consideration of compensation received or to be received by the person, offers to perform or holds that person out to perform services for residents or taxpayers of this state that involve advice concerning the preparation of returns required under state law, except the tax on income. For the purpose of this part, a person is not a "preparer of tax returns" when:
(A)
It is the person's legal obligation to prepare the return as the taxpayer;
(B)
Acting as a regular and bona fide employee of the taxpayer. A regular and bona fide employee of the taxpayer shall be an individual and shall not be an employer in matters relating to the preparation of state tax returns;
(C)
Acting as an agent of the department of revenue;
(D)
Acting as an agent of the department of labor and workforce development; or
(E)
As an employee of a nonprofit corporation or its wholly owned subsidiary, the person prepares a tax return for a member of the corporation.
Acts 1969, ch. 317, § 2; 1970, ch. 490, § 1; T.C.A., § 67-5702; Acts 1999, ch. 520, § 44.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 29 - TAX RETURNS AND REFUNDS (§§ 62-29-101 — 62-29-205) › Part 1 - TAX RETURN PREPARER ACT OF 1969 (§§ 62-29-101 — 62-29-106) › Section 62-29-103 - Persons who may act as tax preparers

Unless otherwise exempt as stated in §
62-29-102
, a person shall not act as a preparer of tax returns unless the person is:
(1)
An attorney at law, duly licensed and admitted to practice in the courts of records of this state or the attorney's employee acting within the scope of employment;
(2)
A certified public accountant licensed to practice as such in this state or the certified public accountant's employee acting within the scope of employment;
(3)
A public accountant licensed to practice as such in this state or the public accountant's employee acting within the scope of employment; or
(4)
Any of the persons in subdivisions (1)-(3) holding a proper license from another state or territory.
Acts 1969, ch. 317, § 3; T.C.A., § 67-5703.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 29 - TAX RETURNS AND REFUNDS (§§ 62-29-101 — 62-29-205) › Part 1 - TAX RETURN PREPARER ACT OF 1969 (§§ 62-29-101 — 62-29-106) › Section 62-29-104 - Declaration of tax preparer

A person who prepares or assists in the preparing of state tax returns, except those required on income, must sign in the space so provided on the return a declaration, based on all information of which the person has any knowledge and under penalties provided within this part, that the return, including accompanying schedules, has been examined by the person and, to the best of the person's knowledge and belief, is a true, correct and complete return.
Acts 1969, ch. 317, § 4; T.C.A., § 67-5704.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 29 - TAX RETURNS AND REFUNDS (§§ 62-29-101 — 62-29-205) › Part 1 - TAX RETURN PREPARER ACT OF 1969 (§§ 62-29-101 — 62-29-106) › Section 62-29-105 - Penalties

A willful violation of this part is a Class B misdemeanor.
Acts 1969, ch. 317, § 5; T.C.A., § 67-5705; 1989, ch. 591, § 112.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 29 - TAX RETURNS AND REFUNDS (§§ 62-29-101 — 62-29-205) › Part 1 - TAX RETURN PREPARER ACT OF 1969 (§§ 62-29-101 — 62-29-106) › Section 62-29-106 - Counties exempt from application

This part shall not apply to the following counties of this state having the following populations, according to the 1960 federal census or any subsequent federal census:
not less than
nor more than
5,100
5,200
8,500
8,600
9,500
9,570
10,700
10,800
12,075
12,100
12,300
12,350
12,500
12,550
14,700
15,400
16,000
16,500
17,000
17,500
18,000
18,500
21,500
21,750
24,500
25,000
36,000
37,000
41,560
41,685
52,000
53,000
56,000
57,000
Acts 1969, ch. 317, § 6; 1970, ch. 555, § 1; 1970, ch. 585, § 1; 1972, ch. 451, § 1; T.C.A., § 67-5706.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 29 - TAX RETURNS AND REFUNDS (§§ 62-29-101 — 62-29-205) › Part 2 - REFUND ANTICIPATION LOANS (§§ 62-29-201 — 62-29-205) › Section 62-29-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Applicant" means a customer who applies for a refund anticipation loan through a facilitator;
(2)
"Borrower" means an applicant who receives a refund anticipation loan through a facilitator;
(3)
"Customer" means an individual for whom tax preparation services are performed;
(4)
"Facilitator" means a person who receives or accepts for delivery an application for a refund anticipation loan, delivers a check in payment of refund anticipation loan proceeds or in any other manner acts to allow the making of a refund anticipation loan. "Facilitator" does not include a bank, thrift, savings association, industrial bank or credit union operating under the laws of the United States or this state, an affiliate that is a servicer for such an entity or any person that acts solely as an intermediary and does not deal with an applicant in the making of the refund anticipation loan;
(5)
"Person" means an individual, a firm, a proprietorship, an association, a corporation or another entity;
(6)
"Refund anticipation loan" means a loan, whether provided through a facilitator or by another entity such as a financial institution, in anticipation of and whose payment is secured by a customer's federal or state income tax refund, or by both;
(7)
"Refund anticipation loan fee" means any fee, charge or other consideration imposed by a lender or a facilitator for a refund anticipation loan. The term does not include any fee, charge or other consideration usually imposed by a facilitator in the ordinary course of business for nonloan services, such as fees for preparing tax returns and fees for the electronic filing of tax returns;
(8)
"Refund anticipation loan fee schedule" means a list or table of refund anticipation loan fees that includes three (3) or more representative refund anticipation loan amounts. The schedule shall separately list each fee or charge imposed, as well as a total of all fees imposed, related to the making of a refund anticipation loan. The schedule shall also include, for each representative loan amount, the estimated annual percentage rate calculated under the guidelines established by the federal Truth in Lending Act (
15 U.S.C. § 1601
et seq.); and
(9)
"Tax return" means a return, declaration, statement, refund claim or other document required to be made or filed in connection with state or federal income taxes.
Acts 2007 , ch. 172, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 29 - TAX RETURNS AND REFUNDS (§§ 62-29-101 — 62-29-205) › Part 2 - REFUND ANTICIPATION LOANS (§§ 62-29-201 — 62-29-205) › Section 62-29-203 - Rescission of loan

A borrower who obtains a refund anticipation loan may rescind the loan on or before the close of business on the next day of business, by either returning the original check issued for the loan or providing the amount of the loan in cash to the lender or the facilitator. The facilitator may not charge the borrower a fee for rescinding the loan or a refund anticipation loan fee if the loan is rescinded. For the purpose of establishing or maintaining an account to electronically receive and distribute the refund, a customer may be charged a fee by a federally insured depository institution.
Acts 2007, ch. 172, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 29 - TAX RETURNS AND REFUNDS (§§ 62-29-101 — 62-29-205) › Part 2 - REFUND ANTICIPATION LOANS (§§ 62-29-201 — 62-29-205) › Section 62-29-204 - Preemption

This part shall preempt and be exclusive of all local acts, statutes, ordinances and regulations relating to refund anticipation loans.
Acts 2007, ch. 172, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 29 - TAX RETURNS AND REFUNDS (§§ 62-29-101 — 62-29-205) › Part 2 - REFUND ANTICIPATION LOANS (§§ 62-29-201 — 62-29-205) › Section 62-29-205 - Violations

Any person who knowingly and willfully violates this part is guilty of a misdemeanor and shall be punished by a fine of no more than five hundred dollars ($500) for each violation.
Acts 2007, ch. 172, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 30 - TRANSITORY VENDORS (§§ 62-30-101 — 62-30-106) › Section 62-30-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Merchandise" means any consumer item that is or is represented to be new or not previously owned by a consumer;
(2)
"Temporary premises" means any public or quasi-public place, including a hotel, rooming house, storeroom, building or part of a building, tent, vacant lot, railroad car or motor vehicle, temporarily occupied for the purpose of exhibiting stocks of merchandise to the public. Premises are not temporary if the same person has conducted business at those premises for more than six (6) consecutive months or has occupied the premises as the person's permanent residence for more than six (6) consecutive months; and
(3)
"Transitory vendor" means any person who brings into temporary premises and exhibits to the public stocks of merchandise for the purpose of selling or offering to sell the merchandise to the public.
Acts 1983, ch. 482, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 30 - TRANSITORY VENDORS (§§ 62-30-101 — 62-30-106) › Section 62-30-102 - Permit requirement

(a)
Prior to conducting business in a county, a transitory vendor shall obtain a mobile vendor's permit from the county clerk of the county.
(b)
The transitory vendor shall furnish reasonable proof of identity and permanent address to the satisfaction of the county clerk and shall provide an adequate description of any motor vehicle or vehicles used in conducting business in the county, which description shall include the state of registration of the motor vehicle or vehicles and the license plate number or numbers assigned to the vehicle or vehicles.
(c)
The vendor shall also specify the dates, place or places and times during which business shall be conducted in the county.
Acts 1983, ch. 482, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 30 - TRANSITORY VENDORS (§§ 62-30-101 — 62-30-106) › Section 62-30-103 - Fees - Display of permits

(a)
The county clerk shall charge a fifty dollar ($50.00) fee for issuing a mobile vendor's permit, which shall be valid for the dates, place or places and times specified.
(b)
The transitory vendor shall display the permit at the place where business is conducted so that it is visible to the public.
Acts 1983, ch. 482, § 3; 2001, ch. 228, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 30 - TRANSITORY VENDORS (§§ 62-30-101 — 62-30-106) › Section 62-30-104 - Exceptions from chapter

This chapter does not apply to:
(1)
Any corporation, community chest, fund or foundation organized and operated exclusively for religious, charitable, scientific, literary or educational purposes of which no part of the new earnings benefits any private shareholder or individual;
(2)
State fairs, arts and crafts fairs and other fairs and festivals conducted primarily for amusement and entertainment;
(3)
Wholesale trade shows;
(4)
The sale of agricultural or handcrafted products;
(5)
A person who operates a permanent business, occupies temporary premises and prominently displays the business name and address while business is conducted from the temporary premises; or
(6)
Flea markets.
Acts 1983, ch. 482, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 30 - TRANSITORY VENDORS (§§ 62-30-101 — 62-30-106) › Section 62-30-105 - Administration by chief of police in certain counties

In any county having a metropolitan form of government and a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, the chief of police shall have full responsibility to administer this chapter in that county.
Acts 1983, ch. 482, § 6; 2001, ch. 228, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 30 - TRANSITORY VENDORS (§§ 62-30-101 — 62-30-106) › Section 62-30-106 - Penalties

(a)
Any person violating this chapter commits a Class A misdemeanor and, upon first conviction of the violation, shall be punished by a fine of no less than fifty dollars ($50.00) nor more than one hundred dollars ($100).
(b)
Any person who subsequently violates this chapter after a first conviction commits a Class E felony and, upon conviction of the violation, shall be punished by imprisonment for a term of no less than one (1) year nor more than two (2) years.
Acts 1983, ch. 482, § 5; 1989, ch. 591, §§ 1, 6.