reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-104 - Collection service board

(a)
There is created the Tennessee collection service board, which shall consist of five (5) members appointed by the governor. Members shall serve for a period of three (3) years, except that appointments made to fill unexpired terms shall be for the period of the unexpired terms.
(b)
Members of this board shall be residents of this state for at least five (5) years prior to their appointment. At least two (2), but no more than three (3), of the members shall be engaged in the collection service industry. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(c)
The board may hold meetings that it may deem necessary for the purpose of transacting any business authorized under this chapter. All members of the board shall be duly notified of the time and place of each meeting. A majority of the board constitutes a quorum at any such meeting.
(d)
Each member of the board shall receive the sum of fifty dollars ($50.00) for each meeting of the board attended by the member. Each board member shall also be reimbursed for actual travel and other expenses incurred by the member in attending each meeting of the board and in performing any other duties provided for in this chapter. All reimbursement for expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(e)
The board shall annually select from its members a chair, vice chair and secretary. No member of the board shall hold more than one (1) such office.
(f)
All questions, submissions or requests directed to the board shall be addressed to the board's office in Nashville.
(g)
The board shall promulgate rules relating to the general conduct of collection service business that are consistent with recognized business practice and this chapter.
(h)
The director of the division of regulatory boards in the department of commerce and insurance or the director's designee shall serve as executive director of the board and shall perform all administrative functions for the board. The executive director of the board shall keep an accurate record of its proceedings and transactions.
(i)
Members of the board, while acting in good faith, shall not be subject to civil liability relative to the performance of duties delegated to the board by this chapter.
Acts 1981, ch. 170, § 4; 1987, ch. 292, §§ 3, 4; 1988, ch. 1013, § 35.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-105 - License requirement

(a)
No person shall commence, conduct or operate any collection service business in this state unless the person holds a valid collection service license issued by the board under this chapter or prior state law.
(b)
Regular employees of licensed collection services need not procure a separate collection service license.
(c)
[Deleted by 2021 amendment.]
(d)
Nothing in this chapter shall be construed to impair or impede the obligation of any contract, delinquent account, bills or other forms of indebtedness, nor prevent or deny any person the right to purchase, sell, assign, or take by assignment any obligation.
(e)
Notwithstanding subsection (a), no debt or obligation that has been collected by a voluntary payment or by a final judgment of any court may be set aside or challenged based on the lack of a license.
(f)
Any person who is alleged to have violated subsection (a) in the collection of a delinquent account, bill or other form of indebtedness:
(1)
May cure the default at any time, even after collection may have started, by filing an application for a license with the collection services board as provided in this chapter, and the board may not use a prior collection effort in violation of this section or §
62-20-124
as a basis or consideration for the denial of a license; and
(2)
May be subject to sanction by the collection service board, but may not be subject to other civil action or defense based on such alleged violation.
Amended by 2021 Tenn. Acts, ch. 549, s 33, eff. 10/1/2021.
Amended by 2014 Tenn. Acts, ch. 996,s 4, eff. 5/22/2014.
Acts 1981, ch. 170, § 5; 1988, ch. 823, § 6; 1990, ch. 1026, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-106 - Application for license

An application for a collection service license shall be submitted on the form prescribed by the board and shall be accompanied by:
(1)
A nonrefundable application fee as set by the board;
(2)
A current personal or corporate financial statement prepared by a licensed public accountant or certified public accountant;
(3)
(A)
A surety bond executed by the applicant and a surety company authorized to do business in this state, made payable to the state of Tennessee. The amount of this surety bond shall be pro rated and based on the certified number of employees per collection agency as follows:
(i)
One to four (1-4) employees - fifteen thousand dollars ($15,000);
(ii)
Five to nine (5-9) employees - twenty thousand dollars ($20,000);
(iii)
Ten (10) or more employees - twenty-five thousand dollars ($25,000); or
(iv)
Instead of the bond, a certificate of deposit in the sums as outlined in this subdivision (3)(A), which shall be assigned to the board;
(B)
The bond or assignment of certificate of deposit shall be conditioned that the applicant shall faithfully and truly perform all agreements entered into with its clients accounting for the net proceeds of all collections in accordance with this chapter; and
(4)
Any other relevant information and documentation that may be requested by the board to determine whether the applicant meets the requirements for initial licensure as set forth in §
62-20-107
.
Amended by 2015 Tenn. Acts, ch. 291, s 9, eff. 4/24/2015.
Acts 1981, ch. 170, § 6; 1988, ch. 823, § 7; 1989, ch. 523, § 166; 1990, ch. 1026, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-107 - Qualifications of applicant

No license to conduct or operate a collection service business in this state shall be issued to any person:
(1)
Who is not trustworthy;
(2)
Who does not have a proven reputation for honesty and fair dealings;
(3)
Who is not financially responsible;
(4)
Who, in the opinion of the board, is not competent to engage in the collection of the accounts and claims of others;
(5)
Who, within the past seven (7) years, has been convicted in any court of fraud or any felony or had judgment entered against the person in any court for failure to account to a client for money or property collected;
(6)
Whose license to practice law has been suspended or revoked within the past seven (7) years;
(7)
Who, unless a nonresident applicant, does not maintain in this state a regular office in which are kept complete records of collections and claims handled for clients and against debtors residing in this state;
(8)
Who, unless a nonresident applicant, does not maintain in this state bank accounts with sufficient funds at all times to disburse amounts due clients; and
(9)
Who, within the past seven (7) years, has filed a petition under the federal bankruptcy laws or state insolvency laws or has had a receiver, fiscal agent or similar officer appointed by a court for the person's business or property.
Acts 1981, ch. 170, § 7; 1988, ch. 823, § 8.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-108 - Notice to board

The board shall be promptly notified in writing of any change in address, management or ownership of a collection service business.
Amended by 2013 Tenn. Acts, ch. 180, s 7, eff. 4/23/2013.
Acts 1981, ch. 170, § 8; 1987, ch. 292, § 2; 1988, ch. 823, §§10-16; 1989, ch. 523, §§ 167, 168; 2001, ch. 130, §1; 2009 , ch. 279, § 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-109 - License fee and display

(a)
The board shall grant a collection service license to a qualified applicant upon receipt of a fee as set by the board. The fee shall not be prorated for any portion of a year.
(b)
The collection service license shall be prominently displayed at all times at the licensee's place of business.
Acts 1981, ch. 170, § 9; 1985, ch. 354, § 13; 1987, ch. 292, § 5; 1988, ch. 823, § 17; 1989, ch. 523, § 169.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-110 - Bond posted or certificate of deposit assigned

(a)
The bond posted or the certificate of deposit assigned in accordance with this chapter shall be in full force and effect during all periods and in all places and areas in which the licensee is doing business within this state as a collection service.
(b)
If any collection service violates the conditions of the bond or certificate of deposit, the injured client may maintain an action in the client's own name on the bond or certificate of deposit of the collection service in any court of competent jurisdiction.
(c)
In no event shall the aggregate liability of the surety exceed the amount of the bond, nor shall the board or this state be liable to any client relative to an assigned certificate of deposit.
Acts 1981, ch. 170, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-111 - [Repealed]

Acts 1981, ch. 170, § 11; 1985, ch. 354, § 14; 1988, ch. 823, § 18; 1989, ch. 523, §170; 1992, ch. 580, § 3; 2001, ch. 130, § 2.
Repealed by 2021 Tenn. Acts, ch. 549, s 34, eff. 10/1/2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-112 - Expiration and renewal of licenses

(a)
All licenses or identification cards shall expire the last day of the twenty-fourth month from issuance or renewal.
(b)
Application for renewal of a collection service license shall be submitted to the board prior to the expiration date and shall be accompanied by:
(1)
A fee as set by the board;
(2)
Evidence of renewal of the bond or certificate of deposit under the terms required by this chapter;
(3)
A current balance sheet prepared by a licensed public accountant or certified public accountant; and
(4)
Proof that all taxes that are applicable to the collection service licensee and that are then due and payable have been paid.
(c)
All licenses shall be subject to late renewal for a period of sixty (60) days following their expiration date by payment of the prescribed fee plus a penalty as set by the board.
Amended by 2013 Tenn. Acts, ch. 180, s 8, eff. 4/23/2013.
Acts 1981, ch. 170, § 12; 1985, ch. 354, § 15; 1988, ch. 823, §§19-23; 1989, ch. 360, § 11; 1989, ch. 523, §§ 171-173; 1990, ch. 1026, §43; 2008 , ch. 1038, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-113 - Licenses nontransferable

(a)
No license shall be transferable to another person.
(b)
Upon change of ownership of a collection service, the new owner shall apply for and obtain a new collection service license before commencing or continuing business.
Acts 1981, ch. 170, § 13; 1988, ch. 823, § 24.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-114 - Requirements of collection service licensees

Each collection service licensee shall:
(1)
Keep and retain for a period of three (3) years accurate individual records of collections, including the amount and date of payment and the names of the debtor and creditor;
(2)
Issue, upon request, individual collection receipts, showing the amount and date of payment, names of the debtor and creditor and the balance, if any, remaining unpaid;
(3)
Maintain a separate fiduciary or trust bank account with sufficient funds at all times to disburse amounts due all clients; and
(4)
Maintain records and books reflecting the true condition of bank accounts at the end of each calendar month.
Acts 1981, ch. 170, § 14; 1988, ch. 823, § 26.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-115 - Investigations - Denial, revocation or suspension of licenses

(a)
(1)
The board may, upon its own motion, or shall, upon the sworn complaint in writing of any person, investigate any collection service or licensee operating in the state.
(2)
The board shall transmit any such complaint within fifteen (15) days of receipt of the complaint to the accused licensee by first-class mail.
(3)
The licensee shall, within twenty (20) days, file with the board the licensee's sworn answer to the complaint.
(b)
The board may suspend, revoke or refuse to renew any license held under this chapter for any of the following causes:
(1)
Obtaining a license through misrepresentation or fraud;
(2)
Collecting or attempting to collect from the debtor any fee, commission or other compensation not provided by law for collection services rendered to a client, except that a collection service may recover from debtors reasonable charges imposed by banks for processing insufficient fund checks; provided, that the charges do not exceed nine dollars ($9.00) per check;
(3)
Failing to report and pay to a client the net proceeds of all collections made during a calendar month within thirty (30) days, unless otherwise provided by mutual agreement between the licensee and the client;
(4)
Violating or cooperating with others in violating any provision of this chapter or any rule lawfully promulgated by the board;
(5)
Failing to comply with any applicable state or federal law or regulation pertaining to the credit and collection industry; and
(6)
Any cause for which issuance of a license could have been refused had it existed and been known to the board at the time of issuance.
Amended by 2021 Tenn. Acts, ch. 549, s 35, eff. 10/1/2021.
Acts 1981, ch. 170, § 15; 1987, ch. 292, § 1; 1988, ch. 823, §§27, 28; 1998, ch. 843, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-116 - Actions required at expiration or revocation of license

(a)
Upon the expiration or revocation of any license held under this chapter, the licensee shall:
(1)
Within ninety (90) days, return or assign all uncollected accounts to the licensee's clients or their order;
(2)
Not charge or receive any fee or compensation for the return or assignment of uncollected accounts;
(3)
Not charge or receive any fee or compensation on any moneys received or collected subsequent to the expiration, suspension or revocation; and
(4)
Within ninety (90) days, remit all moneys to the owners of the accounts on which the moneys were paid.
(b)
This section shall not be construed to:
(1)
Prohibit a bulk sale of the business, assets and good will of a collection service whose license becomes invalid; or
(2)
Deprive a licensee of the privilege of late renewal granted by §
62-20-112
.
Amended by 2013 Tenn. Acts, ch. 180, s 9, eff. 4/23/2013.
Acts 1981, ch. 170, § 16; 1988, ch. 823, § 29.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-117 - Reciprocity - Service of process on nonresidents - Default judgments

(a)
A nonresident of this state who is regularly engaged in the collection business in another state may obtain a license as a collection service in this state by complying with this chapter; provided, that the nonresident applicant maintains a place of business in the other state and that state offers the same privilege to the licensees of this state.
(b)
(1)
Every nonresident applicant shall file an irrevocable consent that legal action may be commenced against the nonresident applicant in the proper court of any county of this state in which a cause of action may arise, in which the plaintiff may reside, by service of process or pleading authorized by the laws of this state, or by any member of the board, the consent stipulating that the service of process or pleading shall be taken in all courts to be valid and binding as if personal service had been made upon the nonresident licensee in this state. The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by its seal.
(2)
Any service of process or pleading shall be served on the secretary of the board by filing duplicate copies, one (1) of which shall be filed in the office of the board and the other forwarded by registered mail to the last known principal address of the nonresident licensee against whom the process or pleading is directed.
(3)
No default in any such action shall be taken, except upon affidavit certification of the board or the secretary of the board that a copy of the process or pleading was mailed to the defendant as provided in this subsection (b). No default judgment shall be taken in any such action or proceeding until thirty (30) days after the day of mailing of process or pleading to the defendant.
Acts 1981, ch. 170, § 17.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-118 - User responsible for ascertaining service is licensed

Any person who places an account with a collection service is responsible for determining that the service is licensed as required by this chapter.
Acts 1981, ch. 170, § 18.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-119 - Confidentiality of information

Any financial information submitted by applicants for or holders of licenses pursuant to this chapter shall be treated as confidential and shall be used by the board only for the purpose of determining qualifications to engage in the collection service business.
Acts 1981, ch. 170, § 19.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-120 - Unauthorized acts

Nothing in this chapter shall be construed to permit:
(1)
The use or sale of forms that simulate legal forms so as to deceive a debtor or the general public;
(2)
The unauthorized practice of law; or
(3)
A collection agency to notify a credit bureau or credit agency concerning the owner of record of a motor vehicle who has failed to pay an overdue parking ticket or tickets without first notifying the owner of record of the motor vehicle that, if the ticket is not timely paid to the collection agency by a date included in the notification, the credit bureau or credit agency will be notified of such fact, which could affect the owner's credit rating.
Acts 1981, ch. 170, §20; 2009 , ch. 577, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-121 - Temporary retirement

(a)
Any licensee may temporarily retire the licensee's license for a period of three (3) years by giving written notice of such intent and paying each year an annual retirement fee of ten dollars ($10.00) to the board.
(b)
Any license not activated within the three-year period becomes invalid.
Acts 1981, ch. 170, § 21.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-122 - Hearings and judicial review

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.
Acts 1981, ch. 170, § 22.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 20 - TENNESSEE COLLECTION SERVICE ACT (§§ 62-20-101 — 62-20-124) › Section 62-20-123 - Violations

A willful violation of this chapter or of any rule lawfully promulgated under this chapter is a Class C misdemeanor.
Acts 1981, ch. 170, § 23; T.C.A., §
62-20-124
; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Application of Pesticides Act of 1978."
Acts 1978, ch. 844, § 1; T.C.A., § 62-2101.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-103 - Business charter requirement

(a)
No person shall engage in business as a commercial pest control operator until the person has secured a charter from the department.
(b)
Any form of solicitation for pest control business or advertising is forbidden under this chapter unless the person has a charter issued in one (1) or all of the categories established by regulation under this chapter.
(c)
The charter may be granted in any one (1) or all of the categories established by regulation under this chapter.
(d)
The charter may be issued only if the requirements of this chapter have been met and the stipulated fees have been received by the department.
(e)
A charter shall be required for each office and each branch office. The requirements of this chapter do not apply to any class of commercial pest control operators such as, but not limited to, aerial applicators, when that class of commercial pest control operators is the subject of specific laws and regulations relating to that specific class in the commercial application of pesticides.
(f)
All chartered companies are required to label the sides of company vehicles with the name of the company and the charter number. The size of the lettering shall not be less than two inches (2") tall.
(g)
All chartered persons, companies or corporations shall have a physical address and shall maintain a physical address while the charter is in effect.
Amended by 2018 Tenn. Acts, ch. 636,s 1, eff. 4/2/2018.
Acts 1978, ch. 844, § 3; T.C.A., § 62-2103; Acts 1988, ch. 545, § 6; 2005, ch. 427, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-105 - Board to advise commissioner

The board shall advise the commissioner as to the promulgation of rules, categories of licenses, qualifications of applicants, and examinations for licenses.
Amended by 2020 Tenn. Acts, ch. 640, s 4, eff. 4/1/2020.
Acts 1978, ch. 844, § 5; T.C.A., § 62-2105.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-106 - Office and branch office requirements - Employees

(a)
(1)
Each person applying for or holding a charter shall have, for each office or branch office, a licensed commercial pest control operator for each category of service offered.
(2)
The technical service work of each office or branch office shall be under the direct supervision of the licensed operator.
(3)
The technical service work shall be performed by employees who meet the qualifications established by rule.
(b)
(1)
Each person chartered shall be required to have a commercial pest control operator for the main or supervisory office.
(2)
Branch offices must be supervised by licensed operators.
(c)
No licensed commercial pest control operator shall be permitted to supervise more than one (1) office or branch office. The commercial pest control operator for each office or branch shall be domiciled and resident at or near the office that the operator supervises and shall report to the office the operator supervises on a regular routine work basis.
Amended by 2020 Tenn. Acts, ch. 640, s 5, eff. 4/1/2020.
Acts 1978, ch. 844, § 6; 1981, ch. 78, § 2; T.C.A., § 62-2106; Acts 1988, ch. 545, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-107 - Bond

(a)
Each application for a charter must be accompanied by a corporate surety bond satisfactory to the commissioner and conditioned that the principal named therein shall honestly conduct the business in accordance with the pest control laws of this state and the rules and regulations promulgated under the laws of this state and shall faithfully perform any contracts for pest control work.
(b)
Any person having a right of action against the charter operation may bring suit against the principal and sureties of the bond.
(c)
The amount of the bond shall be at least ten thousand dollars ($10,000).
Acts 1978, ch. 844, § 7; T.C.A., § 62-2107; Acts 2000, ch. 668, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-108 - Insurance required

Each application for a charter must be accompanied by evidence that the applicant holds occurrence liability insurance of two hundred fifty thousand dollars ($250,000) for a single occurrence of liability and five hundred thousand dollars ($500,000) aggregate liability for the annual period of insurance. Applicants filing for charters desiring to conduct work in the wood destroying organisms category shall, in addition to the above occurrence liability insurance, hold errors and omissions insurance of one hundred thousand dollars ($100,000) for a single occurrence of liability and three hundred thousand dollars ($300,000) aggregate errors and omissions liability for the annual period of insurance.
Acts 1978, ch. 844, § 8; T.C.A., § 62-2108; Acts 1988, ch. 545, § 8; 2000, ch. 668, § 5; 2005, ch. 427, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-109 - Registration of solicitors

(a)
A person chartered under this chapter shall list with the department the name, residence and address of each salesperson or agent who is authorized to solicit business or anyone authorized to enter into a pest control contract on behalf of the chartered person. A person listed as a licensee or registered technician is considered to be a registered solicitor for the chartered person without a requirement of separate solicitor registration.
(b)
(1)
Each person chartered is required to secure from the department a solicitor's registration for any salespersons or agents.
(2)
Registration shall be issued when it has been shown that the prospective solicitor or agent is an employee of the chartered firm and has written authority to solicit business for the firm and bind the firm to contracts for pest control service and when the fees provided for in this chapter have been paid and received by the department.
(c)
No person registered under this section shall possess more than one (1) registration card at a time and can be gainfully employed by only one (1) chartered person.
(d)
It is a violation for a registered solicitor under this chapter knowingly to use false information or a deceptive representation to sell pesticide application services.
(e)
Each person registered under this section shall possess commercial certification in each category of service offered for sale or provided.
Acts 1978, ch. 844, § 9; T.C.A., § 62-2109; Acts 1994, ch. 960, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-110 - List of employees

(a)
All persons chartered under this chapter shall be required to list with the department the names, residences and addresses of all employees, exclusive of clerical employees, who are engaged in the handling, transportation or application of pesticide chemicals.
(b)
Immediate notification of any changes in employment of these employees shall be forwarded to the department by the chartered person, including any change of address or residence.
Acts 1978, ch. 844, § 10; T.C.A., § 62-2110.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-111 - Cost

(a)
The cost for a charter shall be set by rule pursuant to §
43-1-703
.
(b)
The cost for a license shall be set by rule pursuant to §
43-1-703
, applicable for each category in which a license is requested.
(c)
The cost for a registration of all nonclerical employees shall be set by rule pursuant to §
43-1-703
.
(d)
The cost for a consultant's license shall be set by rule pursuant to §
43-1-703
.
Amended by 2015 Tenn. Acts, ch. 485, s 40, eff. 7/1/2015.
Acts 1978, ch. 844, § 11; T.C.A., § 62-2111; Acts 1991, ch. 441, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-112 - Examination of license applicants - Fees

(a)
The cost for an initial examination of a license applicant is established by rule pursuant to §
43-1-703
for each category in which examination is requested.
(b)
(1)
When a license application has been examined and the applicant fails to meet the qualifications for licensure, the applicant may be examined at a subsequent date in accordance with rules promulgated by the commissioner. Each application for reexamination is accompanied by a reexamination fee established by rule pursuant to §
43-1-703
for each category in which examination is requested.
(2)
An applicant shall submit a separate application and reexamination fee each time a reexamination is requested for any category except the category of private pesticide applicator.
Amended by 2020 Tenn. Acts, ch. 640, s 6, eff. 4/1/2020.
Acts 1978, ch. 844, § 12; 1981, ch. 78, § 3; T.C.A., § 62-2112; Acts 1991, ch. 441, §§ 2, 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-114 - Termite service contracts

(a)
(1)
Every chartered person shall enter into a written contract for any service rendered in the category of wood destroying organisms.
(2)
A separate contract must be given for each structure or building; provided, that an industrial complex or group of buildings may be covered by a single contract when it is an integral part of one (1) industrial unit.
(3)
A garage, pump house or other outbuilding commonly a part of a residential establishment may be covered by the same contract as that covering the residence itself; provided, that the garages, pump houses or other outbuildings are not used as separate residential units.
(4)
An apartment complex cannot be construed to be an industrial complex.
(b)
(1)
No person or business entity may enter into an agreement to provide services for termite prevention, control or a termite warranty without initial treatment unless properly chartered as a commercial pest control operator pursuant to §
62-21-103
.
(2)
(A)
Notwithstanding this chapter or any other law to the contrary, a chartered commercial pest control operator may enter into an agreement to provide ongoing services for a termite warranty without initial treatment for any structure or building regardless of any initial chemical application for prevention or control of termites of any such structure or building.
(B)
Any agreement for a termite warranty without initial treatment shall clearly state in one-half inch (1/2") high letters on the front of the agreement if a damage repair guarantee is not offered. A violation of this subdivision (b)(2)(B) constitutes a violation of the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1.
(3)
Prior to entering into a termite warranty without initial treatment agreement with any person or entity under this subsection (b), the chartered commercial pest control operator must conduct an initial inspection and issue an initial report that includes:
(A)
A graph or diagram of the property where any visible damage or infestation, if any, is located;
(B)
A written description of the type of damage, if any; and
(C)
The date of the initial inspection report.
(4)
The commissioner shall, subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate all necessary rules and regulations, consistent with this chapter. Rules promulgated to implement this subsection (b) shall regulate the commercial pest control industry and provide for the protection of the consumer.
Acts 1978, ch. 844, § 14; T.C.A., § 62-2114; Acts 1991, ch. 441, § 5; 1994, ch. 960, § 12; 2009 , ch. 363, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-115 - Operator or aerial applicator license requirement

To use, buy or sell a restricted use pesticide, an individual must be certified by the commissioner, hold a valid commercial pest control operator's license or hold an aerial applicator's license under §
43-8-301
.
Acts 1978, ch. 844, § 15; T.C.A., § 62-2115.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-116 - Use of pesticide consistent with labeling

No person shall use a pesticide in a manner inconsistent with its labeling.
Acts 1978, ch. 844, § 16; T.C.A., § 62-2116.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-117 - Labeling of pesticides

(a)
It is illegal to store or transport any pesticide chemicals unless the containers for the chemicals are labeled to show the:
(1)
Name of the pesticide; and
(2)
Concentration of the pesticide.
(b)
When pesticides are stored or transported in containers other than those in which they were placed by the manufacturer or formulators, the label must also show the name of the chartered person, firm or corporation.
Acts 1978, ch. 844, § 17; T.C.A., § 62-2117.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-118 - Powers and duties of commissioner

(a)
The commissioner has the power and duty to:
(1)
Administer this chapter;
(2)
Promulgate rules and regulations that are consistent with the requirements of the United States environmental protection agency implementing and supplementing this chapter and provide for its orderly administration;
(3)
Issue licenses, collect appropriate fees and issue charters upon application and qualification as provided by this chapter;
(4)
Determine requirements for and issue certification and recertification for users of restricted use pesticides;
(5)
Promulgate rules and regulations concerning handling and usage of pesticides;
(6)
Classify pesticides as to whether of general or restricted use;
(7)
Hold hearings and deny, revoke, modify or suspend charters, licenses and certification, and/or impose civil penalties of up to one thousand dollars ($1,000) for each violation;
(8)
The commissioner or the commissioner's designee may enter any place during normal business hours where pesticides are used or stored for the purposes of inspection, sampling or observation;
(9)
Through rule and regulation require the maintenance or filing of records;
(10)
Issue subpoenas for persons and records incidental to any hearing; and
(11)
Inspect periodically the operation and conduct of a charter holder, licensee or certificate holder.
(b)
The commissioner shall promulgate rules and regulations that may be requested by a two-thirds (2/3) affirmative vote of the legislative body of any municipal or county government within any county having a population of less than two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, that have as their purpose the regulation of the use of pesticides in their specific area of jurisdiction. These regulations must be reasonable and not in conflict with state or federal law and regulations, but for good cause shown may be more stringent than those standards.
Amended by 2020 Tenn. Acts, ch. 640, s 7, eff. 4/1/2020.
Acts 1978, ch. 844, § 18; T.C.A., § 62-2118; Acts 1988, ch. 545, § 10; 1988, ch. 878, § 6; 1992, ch. 667, § 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-119 - Denial, suspension, modification or revocation of charter, license or certificate - Penalties - Warnings

(a)
(1)
If the commissioner has reason to believe that any person has violated this chapter, including its rules, or has used economic poison in violation of the Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in title 43, chapter 8, parts 1 and 2, including its rules, the commissioner may:
(A)
Deny, revoke, suspend, or modify a license, charter, or certification. The denial, suspension, revocation, or modification may be indefinite or for a time certain;
(B)
Impose civil penalties of up to one thousand dollars ($1,000) for each violation or issue a warning notice; or
(C)
Deny, revoke, suspend, or modify a license, charter, or certification pursuant to subdivision (a)(1)(A) and impose civil penalties pursuant to subdivision (a)(1)(B).
(2)
The commissioner shall send the person against whom a violation is alleged written notice setting forth the charges. The person shall have ten (10) days from the date the notice was sent to request a hearing. If a hearing is requested, it shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
A charter shall automatically be suspended should the licensed pest control operator whose name appears on the charter cease to be in charge of the charter holder's pest control operations. A grace period of no more than one hundred twenty (120) days may be granted to the charter holder so that another qualified person may be examined in accordance with this chapter.
Amended by 2015 Tenn. Acts, ch. 198,s 1, eff. 7/1/2015.
Acts 1978, ch. 844, § 19; T.C.A., § 62-2119; Acts 1988, ch. 545, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-120 - Offense - Penalties - Limited term of ineligibility following conviction

(a)
It is an offense for any person required by this chapter to be chartered or licensed to engage in commercial pest control activities to knowingly engage in commercial pest control activities without first obtaining the required charter or license.
(b)
Violation of subsection (a) is a Class A misdemeanor.
(c)
Each custom application of pesticides without the required charter or license constitutes a separate offense.
(d)
Persons convicted under subsection (a) are ineligible to obtain a charter or license to engage in commercial pest control activities for a period of one (1) year from the date of the person's conviction of the offense.
Acts 1978, ch. 844, § 20; T.C.A., § 62-2120; Acts 1989, ch. 591, § 113; 1994, ch. 960, § 13; 2001, ch. 105, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-121 - Delinquent fees - Collection

(a)
The fees and taxes imposed by this chapter shall become delinquent on the last day of each succeeding month.
(b)
The commissioner is empowered and may act to collect delinquent fees and taxes as provided by §§
67-6-516
- 67-6-518.
Acts 1978, ch. 844, § 21; T.C.A., § 62-2121.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-122 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 640, s 8, eff. 4/1/2020.
Acts 1978, ch. 844, § 22; T.C.A., § 62-2122.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-123 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 640, s 9, eff. 4/1/2020.
Acts 1978, ch. 844, § 23; T.C.A., § 62-2123; Acts 1989, ch. 360, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-124 - Pesticides in buildings used for food preparation and service, lodging, educational purposes or commerical food processing

(a)
Whether or not engaged in the business of applying pesticides, a person may not apply a pesticide within any of the following buildings, except under the direct supervision of a person licensed to apply pesticides in accordance with this chapter:
(1)
Any building used for the preparation or serving of food;
(2)
Any building used for the temporary or permanent lodging of others;
(3)
Any building used primarily for educational purposes, except those buildings used primarily for religious instruction or for providing education to no more than ten (10) persons; or
(4)
Any commercial food processing facility.
(b)
Subsection (a) does not apply to the application of pesticides by an individual in the individual's dwelling nor to the application of pesticides by the owner of a multi-unit dwelling in which the owner resides and that contains no more than three (3) additional units used for the temporary or permanent lodging of others.
Acts 1978, ch. 844, § 24; 1981, ch. 78, § 4; T.C.A., § 62-2124; Acts 1985, ch. 217, § 1; 1994, ch. 960, § 14.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-125 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 640, s 10, eff. 4/1/2020.
Acts 1978, ch. 844, § 25; T.C.A., § 62-2125.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-126 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 640, s 11, eff. 4/1/2020.
Acts 1978, ch. 844, § 26; T.C.A., § 62-2126.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-127 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 640, s 12, eff. 4/1/2020.
Acts 1978, ch. 844, § 27; T.C.A., § 62-2127.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-128 - Monthly report requirement - Exemption

Notwithstanding any law, rule or regulation to the contrary, persons licensed in the category of wood destroying organisms shall not be required to file a monthly report to the department. A monthly report shall not be required to be filed whether any application of chemicals was made or not.
Acts 1991, ch. 441, § 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 21 - TENNESSEE APPLICATION OF PESTICIDES ACT OF 1978 (§§ 62-21-101 — 62-21-206) › Part 1 - GENERAL PROVISIONS (§§ 62-21-101 — 62-21-131) › Section 62-21-129 - Local regulation of pesticides

(a)
Except as provided in §
62-21-118(b)
or §
43-8-115
, no city, town, county or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation or statute regarding pesticide sale or use, including, but not limited to, registration, notification of use, advertising and marketing, distribution, applicator training and certification, storage, transportation, disposal, disclosure of confidential information or product composition.
(b)
This section shall not be construed to limit the authority of a city, town or county to zone for storage of such products or to provide or designate sites for disposal of such products, to regulate discharge to sanitary sewer system or to implement an approved pesticide management plan as may be required by the Safe Drinking Water Act (
42 U.S.C. § 300f
et seq.)
(c)
This section does not apply to any municipality having a population of not less than sixteen thousand five hundred (16,500) nor more than seventeen thousand five hundred (17,500), according to the 1990 federal census or any subsequent federal census.
Acts 1992, ch. 667, §§ 3, 5.