reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 18 - CHECK CASHING ACT (§§ 45-18-101 — 45-18-124) › Section 45-18-115 - Suspension or revocation of license

(a)
After notice and an opportunity for a hearing, the commissioner may suspend or revoke a license if the commissioner finds that:
(1)
Any fact or condition exists that, if it had existed at the time when the licensee applied for its license, would have been grounds for denying the application;
(2)
The licensee violates any provision of this chapter or any rule or order validly promulgated or issued by the commissioner;
(3)
The licensee refuses to permit the commissioner to make any examination authorized by this chapter;
(4)
The licensee willfully fails to make any report or pay any fee required by this chapter;
(5)
The licensee has been found guilty of or liable for any fraudulent act or practice;
(6)
The licensee has made any material false representation to the commissioner in any application or report filed with the commissioner; or
(7)
The licensee has abandoned its place of business for a period of sixty (60) days or more.
(b)
The commissioner may only revoke or suspend the particular license with respect to which grounds for revocation or suspension may occur or exist unless the commissioner finds that the grounds for revocation or suspension are of general application to all offices or to more than one (1) office operated by the licensee, in which case the commissioner may revoke or suspend all of the licenses issued to the licensee.
Acts 1997, ch. 309, § 15.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 18 - CHECK CASHING ACT (§§ 45-18-101 — 45-18-124) › Section 45-18-116 - Hearing

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, applies to any hearing afforded pursuant to this chapter.
Acts 1997, ch. 309, § 16.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 18 - CHECK CASHING ACT (§§ 45-18-101 — 45-18-124) › Section 45-18-117 - Civil penalties

If, after notice and an opportunity for a hearing, the commissioner finds that a person has violated this chapter or a rule adopted under this chapter, the commissioner may, in addition to all other powers conferred in this chapter:
(1)
Order the person to cease and desist violating the chapter or its rules and require the refund of any fees collected by the person in violation of this chapter; and
(2)
Order the person to pay to the commissioner a civil penalty in an amount specified by the commissioner, not to exceed one thousand dollars ($1,000) for each violation or, in the case of a continuing violation, one thousand dollars ($1,000) for each day that the violation continues.
Acts 1997, ch. 309, § 17.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 18 - CHECK CASHING ACT (§§ 45-18-101 — 45-18-124) › Section 45-18-118 - Consent orders

(a)
The commissioner may enter into consent orders at any time with any person to resolve any matter arising under this chapter. A consent order shall be signed by the person to whom it is issued or a duly authorized representative, and must indicate agreement to the terms contained therein. A consent order need not constitute an admission by any person that any provision of this chapter, or any rule, regulation or order promulgated or issued under this chapter has been violated, nor need it constitute a finding by the commissioner that the person has violated any provision of this chapter or any rule, regulation or order promulgated or issued under this chapter.
(b)
Notwithstanding the issuance of a consent order, the commissioner may seek civil penalties or compromise civil penalties concerning matters encompassed by the consent order.
(c)
In cases involving extraordinary circumstances requiring immediate action, the commissioner may take any enforcement action authorized by this chapter without providing the opportunity for a prior hearing, but shall promptly afford a subsequent hearing upon an application to rescind the action taken that is filed with the commissioner within twenty (20) days of the receipt of the notice of the commissioner's emergency action.
Acts 1997, ch. 309, § 18.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 18 - CHECK CASHING ACT (§§ 45-18-101 — 45-18-124) › Section 45-18-119 - Criminal penalties

(a)
Any person who knowingly and willfully violates any provision of this chapter or any order or rule pursuant thereto for which a penalty is not specifically provided commits a Class C misdemeanor. Each day the violation occurs is a separate offense.
(b)
Any person who knowingly and willfully makes a material, false statement in any document filed or required to be filed under this chapter with the intent to deceive the recipient of the document commits a Class E felony.
(c)
Any person who knowingly and willfully fails to file a document required to be filed under this chapter commits a Class E felony.
(d)
Any person who carries on an unauthorized check cashing business commits a Class E felony.
(e)
Any person who obstructs or endeavors to obstruct a lawful examination of a licensee commits a Class E felony.
(f)
It is the duty of the commissioner to submit to the appropriate district attorney general for the respective counties of the state any criminal violation of this chapter known by the commissioner to have occurred in the county. The commissioner shall also report the violation to the appropriate division of the Tennessee bureau of investigation. The commissioner may provide the information to the attorney general and reporter or the appropriate federal authorities, or both, as the commissioner deems proper. Confidential information that is communicated by the commissioner pursuant to this section remains confidential in the hands of the agency to which the information is reported, and does not become a matter of public record by virtue of this communication.
(g)
In addition to the criminal penalty provided for in this section, the commissioner may also commence an action to enjoin the operation of the business through a cease and desist order.
Acts 1997, ch. 309, § 19.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 18 - CHECK CASHING ACT (§§ 45-18-101 — 45-18-124) › Section 45-18-120 - Licensee's conduct - Written complaints

(a)
Any person aggrieved by the conduct of a licensee under this chapter in connection with the regulated activities, may file a written complaint with the commissioner who may investigate the complaint.
(b)
In the course of the investigation of the complaint, the commissioner may:
(1)
Subpoena witnesses;
(2)
Administer oaths;
(3)
Examine any individual under oath; and
(4)
Compel the production of records, books, papers, contracts, or other documents relevant to the investigation.
(c)
If any person fails to comply with a subpoena of the commissioner under this chapter or to testify concerning any matter about which the person may be interrogated under this chapter, the commissioner may petition any court of competent jurisdiction for enforcement.
(d)
The license of any licensee under this chapter who fails to comply with a subpoena of the commissioner may be suspended pending compliance with the subpoena.
(e)
The commissioner has the administrative power to investigate and enforce any and all complaints filed by any person that are not criminal in nature, which complaint relates to check cashing businesses, including licensees hereunder and those who are exempt under §
45-18-103
.
Acts 1997, ch. 309, § 20.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 18 - CHECK CASHING ACT (§§ 45-18-101 — 45-18-124) › Section 45-18-122 - Licensing through multi-state automated licensing system

(a)
In addition to any other powers imposed upon the commissioner by law, the commissioner is authorized to require persons subject to this chapter to be licensed through a multi-state automated licensing system. Pursuant to this authority, the commissioner may:
(1)
Promulgate any rules reasonably necessary for participation in, transition to, or operation of a multi-state automated licensing system;
(2)
Establish relationships or enter into agreements reasonably necessary for participation in, transition to, or operation of a multi-state automated licensing system. The agreements may include, but are not limited to, operating agreements, information sharing agreements, interstate cooperative agreements, and technology licensing agreements;
(3)
Require that applications for licensing under this chapter and renewals of such licenses be filed with a multi-state automated licensing system;
(4)
Require that any fees required to be paid under this chapter be paid through a multi-state automated licensing system;
(5)
Establish deadlines for transitioning licenses to a multi-state automated licensing system. The commissioner may deny any applications or renewal applications not filed with a multi-state automated licensing system after the deadlines have passed, notwithstanding any other deadlines established in this chapter. The commissioner shall provide reasonable notice of any transition deadlines to licensees; and
(6)
Take such further actions as are reasonably necessary to give effect to this section.
(b)
Nothing in this section authorizes the commissioner to require a person who is not subject to this chapter to submit information to, or participate in, a multi-state automated licensing system.
(c)
Notwithstanding any other provision of this section, the commissioner retains full authority and discretion to license persons under this chapter and to enforce this chapter. Nothing in this section reduces or derogates that authority and discretion.
(d)
Applicants for and holders of licenses issued under this chapter must pay all costs associated with submitting an application or transitioning a license to a multi-state automated licensing system, as well as all costs associated with maintaining and renewing any license issued by the commissioner on a multi-state automated licensing system.
Added by 2017 Tenn. Acts, ch. 122,s 11, eff. 7/1/2017.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 18 - CHECK CASHING ACT (§§ 45-18-101 — 45-18-124) › Section 45-18-123 - Agent for channeling information

The commissioner is authorized to use a multi-state automated licensing system as an agent for channeling information, whether criminal or noncriminal in nature, and whether derived from or distributed to the United States department of justice, any other state or federal governmental agency, or any other source, that the commissioner is authorized to request or distribute under this chapter.
Added by 2017 Tenn. Acts, ch. 122,s 11, eff. 7/1/2017.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 18 - CHECK CASHING ACT (§§ 45-18-101 — 45-18-124) › Section 45-18-124 - Privacy or confidentiality of shared information

In order to promote more effective regulation and reduce regulatory burden through supervisory information sharing:
(1)
The requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to a multi-state automated licensing system, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to such information or material, continue to apply to the information or material after it has been disclosed to a multi-state automated licensing system. The information or material may be shared with all state and federal regulatory officials with check-cashing industry oversight authority without the loss of privilege or confidentiality protections provided by federal or state law, including the protection available under §
45-1-120
;
(2)
For purposes of subdivision (1), the commissioner may enter into agreements or sharing agreements with other governmental agencies, the Conference of State Bank Supervisors, or other associations representing governmental agencies, as established by rule, regulation, or order of the commissioner;
(3)
Information or material that is subject to a privilege or confidentiality protection under subdivision (1) is not subject to:
(A)
Disclosure under any federal or state law governing disclosure to the public of information held by an officer or agency of the federal government or the respective state; or
(B)
Subpoena or discovery or admission into evidence in any private civil action or administrative process, unless the person to whom such information or material pertains, in the person's discretion, waives any applicable privilege held by a multi-state automated licensing system, in whole or in part;
(4)
This section supersedes any inconsistent provisions of title 10, chapter 7, part 5, pertaining to the records open to public inspection; and
(5)
This section does not apply with respect to information or material relating to publicly adjudicated disciplinary and enforcement actions against persons subject to this chapter that is included in a multi-state automated licensing system for access by the public.
Added by 2017 Tenn. Acts, ch. 122,s 11, eff. 7/1/2017.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 19 - DATA MATCH SYSTEM FOR CHILD SUPPORT OBLIGORS (§§ 45-19-101 — 45-19-102) › Section 45-19-102 - Immunity for provision of financial information

(a)
A "financial institution," as defined in §
45-19-101(e)
, or any financial institution's contractor that may process any records pursuant to this chapter, shall be absolutely immune from any civil or criminal liability under common law or under any contract, statute or regulation for:
(1)
The disclosure of any information pursuant to this part, for the escrow, encumbrance, seizure or surrender of any assets held by the financial institution in response to a notice of lien or levy issued by any state child support enforcement agency or its contractors or agents, or for disclosing any records to the federal parent locator service as may be required by this part or for any action taken in good faith to comply with the requirements of this part;
(2)
Subject to subsection (b), any erroneous disclosure, encumbrance, seizure or surrender made in a good faith effort to comply with the requirements of this part; or
(3)
Subject to subsection (b), any good faith failure to effect, or good faith delay in effecting, a disclosure, encumbrance, seizure or surrender in compliance with the requirements of this part, if the failure or delay results from an error or from events beyond the control of the financial institution.
(b)
Subdivisions (a)(2) and (3) shall apply to erroneous acts or failures to act only if the error from which the act or failure results is an unintentional bona fide error, including, but not limited to, a clerical or computer malfunction or programming error. In the event of an erroneous act under subdivision (a)(2) or an erroneous or other failure to act under subdivision (a)(3), the financial institution shall, upon discovery thereof, exercise the diligence that the circumstances require.
Acts 1997, ch. 551, § 14; 2001, ch. 447, § 13.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 20 - TENNESSEE HOME LOAN PROTECTION ACT (§§ 45-20-101 — 45-20-111) › Section 45-20-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Home Loan Protection Act."
Acts 2006, ch. 801, § 1.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 20 - TENNESSEE HOME LOAN PROTECTION ACT (§§ 45-20-101 — 45-20-111) › Section 45-20-106 - Actions prohibited to avoid application or provisions of chapter - Open-end credit plan

(a)
No person shall, with the intent to avoid the application or provisions of this chapter:
(1)
Divide a loan transaction into separate parts;
(2)
Structure a loan transaction as an open-end credit plan for the purpose and with the intent of evading this chapter, when the loan would have been a high-cost home loan if the loan had been structured as a closed-end loan; or
(3)
Engage in any other subterfuge.
(b)
For purposes of this section, "open-end credit plan" means "open-end loan" as defined in
12 CFR 226.2(a)(20)
, and as used in the official staff commentary of the board of governors of the federal reserve system.
(c)
For open-end credit plan, "points and fees" means "points and fees" as defined in
12 CFR 226.32
, and as used in the official staff commentary of the board of governors of the federal reserve system that are known at or before closing, plus the minimum additional fees the borrower would be required to pay to draw down an amount equal to the total credit line.
Acts 2006, ch. 801, § 6.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 20 - TENNESSEE HOME LOAN PROTECTION ACT (§§ 45-20-101 — 45-20-111) › Section 45-20-107 - Penalties - Punitive damages - Remedies - Limitations - Frivolous or harassment actions - Notice of action

(a)
Except as provided in §
45-20-108
, any lender found by a preponderance of the evidence to have violated this chapter shall be subject to the following:
(1)
The making of a high-cost home loan that violates one (1) or more of the provisions found in §
45-20-103(1), (4)
-(14), (16), (17), or (19)-(21), or §
45-20-106
is subject to the following penalties:
(A)
Actual damages;
(B)
For willful or intentional violations, statutory damages equal to the amount of all finance charges and fees paid by the borrower and forfeiture of the remaining interest under the loan; and
(C)
Costs and reasonable attorney's fees;
(2)
The collecting or servicing of a high-cost home loan that violates one (1) or more of the provisions in §
45-20-103(2), (3), (15), or (18)
, §
45-20-104
, or §
45-20-106
is subject to the following penalties:
(A)
Actual damages;
(B)
For willful or intentional violations, statutory damages equal to the amount of all finance charges and fees paid by the borrower; and
(C)
Costs and reasonable attorney's fees.
(b)
Punitive damages may be awarded where the court finds that the violation is malicious or reckless. Punitive damages shall be limited to three (3) times the actual damages and the amount of all finance charges and fees paid by the borrower, exclusive of costs and reasonable attorney's fees.
(c)
The loan may be reformed to effect the remedies provided in this section.
(d)
The remedies provided in this section are not exclusive and are in addition to any other remedies available to a borrower under applicable law.
(e)
Any action under this section shall be brought within three (3) years from the date the borrower discovered or should have discovered the violation. This subsection (e) does not bar a borrower from asserting a violation of this chapter as a defense in an action to collect the debt that was brought more than three (3) years from the date of occurrence of the violation as a matter of defense by recoupment or set-off in the action.
(f)
In any action under this section, upon finding that the action is frivolous or brought for the purpose of harassment, the court may require the borrower instituting the action to indemnify the defendant for reasonable attorney's fees and costs. To assert a claim under this section, the lender or servicer shall file a motion with the court and provide at least fifteen (15) days after service in which the borrower may respond to deny, withdraw, or amend the complaint.
(g)
In any action under this section, notice of the action by copy shall be filed simultaneously with the department of financial institutions.
Acts 2006, ch. 801, § 7.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 20 - TENNESSEE HOME LOAN PROTECTION ACT (§§ 45-20-101 — 45-20-111) › Section 45-20-108 - Compliance failure

(a)
A lender or servicer, as applicable, of a high-cost home loan who, when acting in good faith, fails to comply with §
45-20-103
, §
45-20-104
, or §
45-20-106
shall not be deemed to have violated the section, if the lender or servicer establishes that either:
(1)
Within thirty (30) days of discovery and prior to the institution of any action under this chapter:
(A)
The borrower is notified of the compliance failure;
(B)
The lender or servicer has made appropriate restitution to the borrower;
(C)
With respect to the violations identified in §
45-20-107(a)(1)
, the lender or servicer makes whatever adjustments are necessary to the loan to either, at the choice of the borrower, make the loan satisfy the requirements of §
45-20-103
, or change the terms of the loan in a manner beneficial to the borrower, so that the loan will no longer be considered a high-cost home loan subject to this chapter; and
(D)
With respect to the violations identified in §
45-20-107(a)(2)
, the lender or servicer makes whatever adjustments or refunds and/or takes action necessary to cure the violation, by affording the borrower the rights and benefits provided under this chapter;
(2)
The compliance failure was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid the errors, and within sixty (60) days after the discovery of the compliance failure and prior to the institution of any action under this chapter or the receipt of written notice of the compliance failure:
(A)
The borrower is notified of the compliance error;
(B)
The lender makes appropriate restitution to the borrower;
(C)
With respect to the violations identified in §
45-20-107(a)(1)
, the lender or servicer makes whatever adjustments are necessary to the loan to either, at the choice of the borrower, make the loan satisfy the requirements of §
45-20-103
, or change the terms of the loan in a manner beneficial to the borrower, so that the loan will no longer be considered a high-cost home loan subject to this chapter; and
(D)
With respect to the violations identified in §
45-20-107(a)(2)
, the lender or servicer makes whatever adjustments or refunds and/or takes action necessary to cure the violation, by affording the borrower the rights and benefits provided under this chapter.
(b)
Examples of a bona fide error include, but are not limited to, clerical, calculation, computer malfunction and programming, and printing errors.
(c)
For purposes of this section, "appropriate restitution" means the reimbursement by the lender of any points and fees, interest, or other charges made by the lender and received from the borrower necessary to put the borrower in the same position as the borrower would have been had the loan, as adjusted, in accordance with subdivisions (a)(1) and (2), been originally made.
Acts 2006, ch. 801, § 8.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 20 - TENNESSEE HOME LOAN PROTECTION ACT (§§ 45-20-101 — 45-20-111) › Section 45-20-110 - Restrictions on local regulation

All counties, municipalities, or political subdivisions of this state are prohibited from enacting and enforcing ordinances, resolutions, and rules regulating financial and lending activities, including ordinances, resolutions, and rules disqualifying persons from doing business with a city, county, or municipality based upon lending practices, interest rates or imposing reporting requirements or any other obligations upon persons regarding financial services or lending practices of persons or entities, and any subsidiaries or affiliates thereof, who:
(1)
Are subject to the jurisdiction of the department of financial institutions, including activities subject to this chapter;
(2)
Are subject to the jurisdiction of the office of thrift supervision, the office of the comptroller of the currency, the national credit union administration, the federal deposit insurance corporation, the federal trade commission, or the United States department of housing and urban development;
(3)
Originate, purchase, sell, buy, secure, or service property interests or obligations created by financial transactions or loans made, executed, or originated by persons referred to in subdivision (1) or (2) to assist or facilitate the transactions; or
(4)
Are chartered by the United States congress to engage in secondary market mortgage transactions.
Acts 2006, ch. 801, § 12.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 20 - TENNESSEE HOME LOAN PROTECTION ACT (§§ 45-20-101 — 45-20-111) › Section 45-20-111 - Application

This chapter shall apply to all high-cost home loans applied for and closed on or after January 1, 2007; provided, that this chapter shall not apply to the extent it is preempted by, or is in conflict with or inconsistent with the National Bank Act (
12 U.S.C. § 21
et seq.), the Homeowner's Loan Act (
12 U.S.C. § 1464
et seq.), the Federal Credit Union Act (
12 U.S.C. § 1751
et seq.), or regulations issued by the office of the comptroller of the currency, the office of thrift supervision, the federal deposit insurance corporation or the federal credit union administration, and as interpreted by the federal courts, to national or state banks or trust companies, federal or state savings institutions, federal or state credit unions, or the operating subsidiaries of any of those.
Acts 2006, ch. 801, § 13.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 1 - GENERAL PROVISIONS (§§ 46-1-101 — 46-1-113) › Section 46-1-101 - Application - Short title - Penalty

(a)
This chapter applies to all cemeteries, community and public mausoleums, whether operated for profit or not for profit, within this state, except cemeteries exempt under §
46-1-106
. Cemeteries existing on or after January 1, 2007, shall be operated in accordance with this chapter and chapter 2 of this title, which together shall be known and may be cited as the "Cemetery Act of 2006." The chapter also applies to all contracts executed subsequent to January 1, 2007.
(b)
Unless otherwise specified, any person violating this chapter commits a Class A misdemeanor.
Acts 1968, ch. 557, § 1; 1973, ch. 272, § 1; T.C.A., § 46-101; Acts 1986, ch. 693, § 3; 1989, ch. 591, § 1; 2006, ch. 1012, § 2.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 1 - GENERAL PROVISIONS (§§ 46-1-101 — 46-1-113) › Section 46-1-103 - Certificate of registration - Temporary permit

(a)
Except as otherwise provided in this chapter, it is a Class A misdemeanor for any cemetery company to operate a cemetery or separate geographical site of a cemetery in this state without a valid certificate of registration for the cemetery or separate site of the cemetery.
(b)
An application for registration shall be submitted on the form prescribed by the commissioner. The applicant shall provide on such form:
(1)
The location of the cemetery, or separate site of the cemetery;
(2)
The name and address of the cemetery company, and, if a corporation, the date of incorporation;
(3)
Proof of having established improvement care and pre-need merchandise and services trust funds in accordance with this chapter;
(4)
Proof of a map showing all interment sites that will be available for sale and developed or planned for development upon approval of the application; and
(5)
Other information that the commissioner may reasonably require.
(c)
(1)
Upon approval of the application and receipt of a filing fee as set by the commissioner, the commissioner shall issue a certificate of registration to the applicant.
(2)
No certificate of registration is transferable.
(d)
(1)
Upon receipt of a satisfactory application on the prescribed form, the commissioner may issue a temporary permit authorizing operation of a cemetery, if the commissioner determines that:
(A)
No cemetery company holds a valid certificate of registration for the cemetery;
(B)
No cemetery company has submitted a sufficient application for a certificate of registration for the cemetery; and
(C)
Issuance of the temporary permit would be clearly in the public interest.
(2)
A temporary permit is subject to the conditions and limitations that the commissioner may set forth.
(3)
The commissioner may, upon request, extend the duration of a temporary permit. In no case, however, shall a temporary permit authorize continuous operation of a cemetery for longer than one (1) year.
(4)
The commissioner may terminate a temporary permit at any time, by giving written notice to the holder at least ten (10) days before the effective date of the termination.
Acts 1968, ch. 557, § 1; impl. am. Acts 1971, ch. 137, § 1; Acts 1973, ch. 272, §§ 2, 3; 1976, ch. 773, § 1; 1979, ch. 307, § 3; T.C.A., § 46-103; Acts 1986, ch. 693, §§ 1, 4; 1989, ch. 591, §§ 1, 6, 113; 1992, ch. 922, § 2; 2006, ch. 1012, § 2.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 1 - GENERAL PROVISIONS (§§ 46-1-101 — 46-1-113) › Section 46-1-104 - Renewal of certificate

(a)
All certificates of registration issued by the commissioner under this chapter expire at the end of the registrant's fiscal year following issuance of the certificate, and become invalid after that date, unless renewed.
(b)
Renewal of a certificate of registration may be effected at any time during the two (2) months preceding the date of expiration, upon submission of an application to the commissioner on the prescribed form, accompanied by a renewal fee as set by the commissioner.
(c)
The fee for late renewal for certificates of registration shall be increased by an amount as set by the commissioner for each month or fraction of a month that payment for renewal is delayed. No renewal application will be accepted later than nine (9) months after the expiration date of a certificate.
(d)
The fee for reinstatement of a nonrenewed certificate of registration shall be set by the commissioner.
Acts 1968, ch. 557, § 1; 1973, ch. 272, § 4; 1979, ch. 307, § 3; T.C.A., § 46-104; Acts 1986, ch. 693, § 5; 1992, ch. 922, §§ 3-5; 2006, ch. 1012, § 2.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 1 - GENERAL PROVISIONS (§§ 46-1-101 — 46-1-113) › Section 46-1-105 - Cemetery consumer protection account

(a)
There is established within the state general fund a cemetery consumer protection account. All funds received by the commissioner under this section shall be deposited into the account and held solely for the purposes of this section.
(b)
Moneys within the account shall be invested by the state treasurer in accordance with §
9-4-603
for the sole benefit of the account.
(c)
No renewal of a certificate of registration shall be issued unless the applicant pays, in addition to the renewal fee, a consumer protection fee of twenty dollars ($20.00) for every pre-need sales contract entered into during the preceding renewal period, except that the applicant shall not have to pay the consumer protection fee on any pre-need sales contract entered into that was subsequently cancelled prior to the applicant's request for renewal of a certificate of registration. If the pre-need sales contract covers both cemetery merchandise and funeral merchandise as defined in §
62-5-403
, then the cemetery company shall pay only one (1) consumer protection fee for the contract, which shall be credited to the cemetery consumer protection account.
(d)
One-half (½) of the funds received pursuant to this section shall be used to fund the cemetery registration program, and one-half (½) of the funds received pursuant to this section shall be used to fund any receivership action initiated by the commissioner against a cemetery due to a deficiency in the cemetery's improvement care or pre-need merchandise and services trust fund.
Amended by 2016 Tenn. Acts, ch. 911, s 9, eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 288, s 2, eff. 1/1/2016.
Acts 2006, ch. 1012, § 2.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 1 - GENERAL PROVISIONS (§§ 46-1-101 — 46-1-113) › Section 46-1-106 - Exemptions

(a)
This chapter and chapter 2 of this title do not apply to:
(1)
Cemeteries owned by municipalities;
(2)
Cemeteries owned by churches, associations of churches, or church governing bodies;
(3)
Cemeteries owned by religious organizations;
(4)
Family burial grounds; or
(5)
Cemeteries owned by general welfare corporations created by special act of the general assembly; provided, that the cemeteries are not operated for profit and no funds of the cemeteries are used or expended, directly or indirectly, to compensate a sales contractor, sales manager or promoter of the cemetery; provided, that nothing in this subdivision (a)(5) shall prevent a cemetery owned by a church, association of churches or church governing body that has owned the cemetery for a period of five (5) years, and has operated the cemetery for religious purposes and not for profit during the period, from compensating a sales manager, sales contractor or promoter.
(b)
The commissioner has the discretion to extend this exemption to community cemeteries, after taking into consideration the intent of this chapter and the following factors, including, but not limited to:
(1)
The age of the cemetery;
(2)
The remaining area for future use;
(3)
The sale of lots over the preceding ten (10) years; and
(4)
The population of the community normally served by the cemetery.
(c)
The commissioner may at any time revoke any exemption granted a community cemetery under this authority.
Acts 1968, ch. 557, § 1; 1972, ch. 617, § 1; 1973, ch. 272, § 5; 1979, ch. 142, § 1; T.C.A., § 46-106; Acts 1986, ch. 693, §§ 7, 8; 2006, ch. 1012, § 2.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 1 - GENERAL PROVISIONS (§§ 46-1-101 — 46-1-113) › Section 46-1-107 - Sale or transfer

(a)
No later than thirty (30) days prior to the sale or transfer of any cemetery required to be registered by this chapter, or the sale or transfer of a controlling interest in the cemetery company that owns the cemetery, the transferor shall notify the commissioner in writing, and:
(1)
Submit any documentation or records the commissioner may require in order to determine the amount of any indebtedness of the transferor to the pre-need merchandise and services trust account or the improvement care trust fund; and
(2)
Disclose any agreements between the transferor and transferee regarding:
(A)
Any existing cemetery trust accounts established pursuant to this chapter; and
(B)
Assumption or disclaimer of liabilities of the transferor.
(b)
Except as provided in subsection (c), the transferee shall not be entitled to a certificate of registration for the cemetery until:
(1)
Subsection (a) has been complied with; and
(2)
Any indebtedness of the transferor to the pre-need merchandise and services trust account or the improvement care trust fund has been liquidated.
(c)
Notwithstanding indebtedness of the transferor to the pre-need merchandise and services trust account or the improvement care trust fund, the commissioner may issue a certificate of registration to the transferee, if the commissioner determines that:
(1)
The sale or transfer is in the best interests of the maintenance and continued operation of the cemetery;
(2)
The sale or transfer is not designed to circumvent this chapter; and
(3)
The transferee has satisfactorily agreed to liquidate the indebtedness to the maximum feasible extent.
(d)
The state may, for the benefit of the pre-need merchandise and services trust account or the improvement care trust fund:
(1)
Recover from the transferor all sums that the transferor has not properly accounted for and paid into the fund; and
(2)
Recover from the transferee all sums that the transferee has not properly accounted for and paid into the fund.
(e)
The issuance of a certificate of registration under this section shall not operate to release any person, firm or corporation from any obligations to the pre-need merchandise and services trust account or the improvement care trust fund.
Acts 1973, ch. 272, § 6; 1977, ch. 147, § 1; T.C.A., § 46-107; Acts 1986, ch. 693, §§ 2, 9; 2003, ch. 81, §§ 1 - 5; 2006, ch. 1012, § 2.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 1 - GENERAL PROVISIONS (§§ 46-1-101 — 46-1-113) › Section 46-1-108 - Purchase and subdivision of land - Sale of lots - Approval of location for cemetery use - Purchase contract - Attachment or levy of execution

(a)
A cemetery company has the power to purchase land, not exceeding two hundred (200) acres, to be used as a cemetery forever, to lay the land off in suitable avenues or walks and embellish with trees, shrubbery, and flowers, and to subdivide the land into lots suitable for graves, monuments, and vaults, and sell the lots in the manner that the board of directors of the cemetery determines; provided, that any land may be purchased and used as a cemetery at any place within a town or city after the proposed location has been approved by resolution of the governing body of the town or city.
(b)
Each contract for the sale of burial space or the conveyance of interment rights shall be executed in duplicate, and an executed copy shall be given to the purchaser.
(c)
If a specific interment site is selected by the purchaser at the time the purchase contract is executed, the contract shall contain a detailed description of the location of the interment site purchased. All such contracts must also contain the following or similar notices to the purchaser:
"This cemetery is regulated by the State of Tennessee Department of Commerce and Insurance Burial Services Section. The purchaser or the purchaser's designated legal agent has the right upon request to access the cemetery's records relating to the purchaser's interment right or interment site. Within ninety (90) days of the receipt of the final payment on the purchase contract for any interment right, the purchaser shall receive from the cemetery company proof of ownership of that interment right. The purchaser, at the purchaser's own cost, may record a copy of such proof of ownership with the register of deeds for the county in which the cemetery is located."
(d)
All lots sold to purchasers pursuant to subsection (c) shall forever be free from attachment or the levy of an execution.
Acts 1875, ch. 142, § 9; 1895, ch. 131, § 1; 1899, ch. 277, § 1; Shan., § 2181; Acts 1919, ch. 195, § 1; Code 1932, § 3919; Acts 1968, ch. 557, §§ 2, 4; T.C.A. (orig. ed.), §§ 46-101, 46-102; T.C.A., §§ 46-201, 46-202; Acts 1984, ch. 585, § 1; 1986, ch. 693, § 10; T.C.A. §§
46-2-101
,
46-2-102
; Acts 2006, ch. 1012, § 2.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 1 - GENERAL PROVISIONS (§§ 46-1-101 — 46-1-113) › Section 46-1-109 - Receiving and holding of grants and bequests

(a)
A cemetery company may hold any grant or bequest in money or other property, and shall faithfully apply the grants or bequests for the improvements of the cemetery, or in the erection or preservation of any tomb or monument, according to the terms of the grant or bequest, except those funds required to be held in trust, or paid into the improvement care trust fund as provided by §
46-1-204
.
(b)
No cemetery company shall accept any special grant or bequest, unless it is in writing and made a part of the permanent records of the cemetery.
Acts 1875, ch. 142, § 9; Shan., § 2184; Code 1932, § 3922; Acts 1968, ch. 557, §§ 2, 4; T.C.A. (orig. ed.), § 46-103; 1976, ch. 773, § 3; T.C.A., § 46-203; T.C.A. §
46-2-103
; Acts 2006, ch. 1012, § 2.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 1 - GENERAL PROVISIONS (§§ 46-1-101 — 46-1-113) › Section 46-1-110 - Sale of land not suitable or needed for cemetery purposes

(a)
Cemetery companies owning lands never actually used by them for cemetery purposes, and that are not suitable or adapted to such purpose, or are found by them to be not needful for such purposes, are empowered to sell and convey or otherwise dispose of the lands for secular or general use; provided, that:
(1)
No later than thirty (30) days prior to the disposition of the land, the cemetery company notifies the commissioner in writing and obtains written approval of the disposition from the commissioner or the commissioner's designee; and
(2)
The commissioner may order the cemetery company disposing of the land to deposit up to one hundred percent (100%) of the net proceeds of the disposition in the cemetery's improvement care trust fund or the cemetery's pre-need merchandise and services trust fund, or both, within thirty (30) days after the disposition, if there is a deficiency in either trust fund. The order may not exceed the actual amount of the deficiency in the improvement care trust fund or the pre-need merchandise and services trust fund, or both.
(b)
Nothing in this section shall be construed to authorize cemetery companies to acquire any lands for the purpose of selling the land or to engage in speculation of real estate.
Acts 1907, ch. 94, § 1; Shan., § 2185a1; Code 1932, § 3936; Acts 1968, ch. 557, § 2; T.C.A. (orig. ed.), § 46-104; T.C.A., § 46-204; T.C.A. §
46-2-104
; Acts 2006, ch. 1012, § 2.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 1 - GENERAL PROVISIONS (§§ 46-1-101 — 46-1-113) › Section 46-1-113 - [Repealed]

Added by 2016 Tenn. Acts, ch. 997,s 1, eff. 4/27/2016.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 2 - FINANCIAL MANAGEMENT (§§ 46-1-201 — 46-1-218) › Section 46-1-201 - Purpose of part

It is the purpose of this part to require cemetery companies in the state to carry at all times a sufficient improvement care trust fund to maintain, keep up and beautify the cemeteries, without commercializing the operation of the cemeteries, and to maintain a pre-need merchandise and services trust fund to ensure that the pre-need sale of cemetery merchandise and services is properly accounted for and administered.
Amended by 2016 Tenn. Acts, ch. 911,s 17, eff. 4/27/2016.
Acts 1927, ch. 75, § 11; mod. Code 1932, § 3933; Acts 1968, ch. 557, §§ 2, 4; T.C.A. (orig. ed.), § 46-117; T.C.A., §§ 46-217, 46-2-117; T.C.A. §
46-2-301
; Acts 2006, ch. 1012, § 3.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 2 - FINANCIAL MANAGEMENT (§§ 46-1-201 — 46-1-218) › Section 46-1-202 - Fidelity bond coverage - Exemptions

(a)
Every cemetery company shall carry fidelity bond coverage of at least one hundred thousand dollars ($100,000) or a higher amount that the commissioner deems sufficient for officers and employees who handle money and securities.
(b)
The annual financial report required by §
46-1-214
to be filed with the commissioner shall indicate the amount of fidelity bond coverage, the classes of employees included, name of carrier and policy number, and the expiration date of coverage.
(c)
Cemeteries with combined funds, defined as cash, investments and assets, of less than forty thousand dollars ($40,000) may apply to the commissioner for an exemption from meeting the requirements of subsections (a) and (b). The commissioner may grant an exemption upon receiving satisfactory documentation demonstrating that all financial transactions, including withdrawals from the pre-need merchandise and services trust fund or operating funds, require the signatures of two (2) or more designated cemetery officials.
(d)
If any cemetery that is currently exempt should, at any time in the future, obtain combined funds in excess of forty thousand dollars ($40,000), the cemetery shall, within sixty (60) days of notification of the commissioner, obtain the fidelity bond required by subsections (a) and (b).
Acts 2006, ch. 1012, § 3.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 2 - FINANCIAL MANAGEMENT (§§ 46-1-201 — 46-1-218) › Section 46-1-203 - Requirements for organization - Improvement care fund deposit

(a)
No person or group of persons shall engage in the business of owning and operating a cemetery company, except as authorized by this chapter and chapter 2 of this title, and without first:
(1)
If an entity required to register with or obtain any form of approval from the secretary of state, obtaining the registration or approval and retaining the registration and approval in an active status as long as the cemetery company is owned and operated by the applicant;
(2)
Entering into a trust agreement in accordance with §
46-1-204
; and
(3)
Depositing either cash or a surety bond approved by the commissioner in its improvement care trust fund, in an amount to be determined according to the population of the county in which the cemetery is located, as estimated by the 1960 federal census or any subsequent federal census, as follows:
10,000 or under
$ 40,000
10,001 to 15,000
60,000
15,001 to 20,000
80,000
20,001 to 100,000
100,000
100,001 or more
200,000.
(b)
The requirements of this section shall also be applicable to any existing cemetery company that establishes or opens a new cemetery, or an addition to an existing cemetery, on or after January 1, 2007.
Acts 1968, ch. 523, § 1 (17.05); 1968, ch. 557, § 1; impl. am. Acts 1971, ch. 137, § 1; 1976, ch. 773, § 2; T.C.A., § 46-105; Acts 1986, ch. 693, §§ 1, 6; T.C.A. §
46-1-105
; Acts 2006, ch. 1012, § 3.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 2 - FINANCIAL MANAGEMENT (§§ 46-1-201 — 46-1-218) › Section 46-1-205 - Payment of dividends - Restrictions - Recovery

No dividend, salary or compensation of any description shall be paid to any stockholder of any cemetery company or any cemetery operator until the company has first set up the improvement care trust fund in the manner and amount provided in §
46-1-204
, and no dividend, salary or compensation shall be paid to any stockholder of any cemetery company or any cemetery operator while any improvement care trust fund is deficient because of not having received the payments required by §
46-1-204
; provided, that a receiver, as provided for in this chapter, may pay the salaries and compensation that the receiver deems necessary to restore the cemetery to a sound financial condition. Any dividend, salary or commission paid in violation of this section shall be recoverable at the suit of the commissioner, any lot owner, or descendant or next of kin of a lot owner, in the circuit or chancery court, and all stockholders of the cemetery company and cemetery operators receiving the unlawful dividends, salaries or compensation may be joined in the same suit. The proceeds of the suit or claim shall be added to the improvement care trust fund to assist in making the fund current.
Acts 1927, ch. 75, § 6; mod. Code 1932, § 3928; Acts 1968, ch. 557, §§ 2, 4; T.C.A. (orig. ed.), § 46-111; Acts 1976, ch. 773, § 8; T.C.A., §§ 46-211, 46-2-111; T.C.A., §
46-2-305
; Acts 2006, ch. 1012, § 3.