reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 6 - CONTINUING EDUCATION (§§ 62-5-601 — 62-5-611) › Section 62-5-611 - Withdrawal of approval for program

Approval of any continuing education program may be withdrawn by the board if:
(1)
The establishment or conduct of a program violates or fails to meet the requirements of this chapter or other applicable laws; or
(2)
The information contained in the application for approval is materially inaccurate or misleading.
Acts 1997, ch. 275, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 7 - DISPOSITION OF HUMAN REMAINS (§§ 62-5-701 — 62-5-709) › Section 62-5-701 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Disposition directions" means a legible written instrument signed by the decedent and acknowledged by a notary or witnessed by two (2) persons who are qualified adults; provided, that such written instrument may be, but is not limited to, a letter of instructions, a will, a trust document, or an advance directive;
(2)
"Qualified adult" means a person who is eighteen (18) years of age or older and of sound mind; and
(3)
"Right of disposition" means the right to determine the disposition of the remains of a decedent, including the location, manner, and conditions of disposition and arrangements for funeral goods and services.
Acts 2012, ch. 828, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 7 - DISPOSITION OF HUMAN REMAINS (§§ 62-5-701 — 62-5-709) › Section 62-5-702 - Disposition of human remains and arrangements for funeral goods and services - Cancellation or revision of disposition directions or pre-need funeral contract

(a)
A qualified adult, by entering into disposition directions or a pre-need funeral contract executed pursuant to part 4 of this chapter, may direct the location, manner and conditions of disposition of the adult's remains, and the arrangements for funeral goods and services to be provided upon the adult's death.
(b)
No disposition directions or pre-need funeral contract shall be subject to cancellation or substantial revision unless the cancellation or substantial revision has been ordered by a person authorized to act as the lawful representative in §
62-5-703
, or the pre-need funeral contract as the person authorized to cancel or revise the terms of the disposition directions or the pre-need funeral contract, or unless any resources set aside or available to fund the disposition directions or the pre-need funeral contract are insufficient to carry out the funeral and disposition arrangements set forth in the disposition directions or pre-need funeral contract.
Acts 2012 , ch. 828, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 7 - DISPOSITION OF HUMAN REMAINS (§§ 62-5-701 — 62-5-709) › Section 62-5-704 - Circumstances under which rights forfeited

A person entitled under §
62-5-703
to the right of disposition shall forfeit that right, and the right shall pass on to the next person in accordance with §
62-5-703
, in the following circumstances:
(1)
Any person convicted of an offense described in §
39-13-202
, §
39-13-210
, or §
39-13-211
, in connection with the decedent's death, and whose conviction or convictions are known to the funeral director; or
(2)
Any person who does not exercise the right of disposition within seventy-two (72) hours of notification of the decedent's death or within one hundred and sixty-eight (168) hours of the decedent's death, whichever is earlier.
Acts 2012 , ch. 828, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 7 - DISPOSITION OF HUMAN REMAINS (§§ 62-5-701 — 62-5-709) › Section 62-5-705 - Petition to court with probate jurisdiction to make determination in case of dispute concerning disposition - Considerations in determination

If two (2) or more persons hold the right of disposition pursuant to §
62-5-703
, and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of such persons or a funeral establishment with custody of the remains may file a petition asking the court with probate jurisdiction to make a determination in the matter. If a funeral establishment brings an action under this section, or relies upon this section to defend itself in a related lawsuit, the court may award legal fees and court costs associated with a petition under this section to the cost of final disposition. The court with probate jurisdiction for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition, and may make decisions regarding the decedent's remains if those sharing the right of disposition cannot agree. The court may consider the following in making such determination:
(1)
The reasonableness and practicality of the proposed funeral arrangements and disposition;
(2)
The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition;
(3)
The desires of the person who is ready, able and willing to pay the cost of the funeral arrangements and disposition;
(4)
The convenience and needs of other families and friends wishing to pay respects;
(5)
The desires of the decedent; and
(6)
The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect.
Acts 2012 , ch. 828, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 7 - DISPOSITION OF HUMAN REMAINS (§§ 62-5-701 — 62-5-709) › Section 62-5-706 - No liability of funeral establishment when parties in dispute until court order

(a)
In the event two (2) or more persons hold the right of disposition pursuant to §
62-5-703
, and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, no funeral establishment is liable for refusing to accept, inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral establishment receives a court order or other written agreement signed by the parties to the dispute that determines the final disposition of the remains. If the funeral establishment retains the remains for final disposition while the parties are in disagreement, the funeral establishment may shelter, refrigerate or embalm the body, or all, in order to preserve the body while awaiting the final decision of the probate court. However, the funeral establishment may not charge for embalming unless expressly agreed to by the parties. Neither this section, nor §
62-5-705
, shall be construed to require or to impose a duty upon a funeral establishment to bring an action under this section or §
62-5-705
. No funeral establishment or its employees shall be held criminally or civilly liable for choosing not to bring an action under this section or §
62-5-705
.
(b)
(1)
Except to the degree it may be considered by the court under §
62-5-705(3)
, the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have.
(2)
The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have.
Acts 2012 , ch. 828, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 7 - DISPOSITION OF HUMAN REMAINS (§§ 62-5-701 — 62-5-709) › Section 62-5-707 - Funeral establishment's right to rely on contract or authorization

Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order such disposition. A funeral establishment shall have the right to rely on such funeral service contract or authorization and shall have the authority to carry out the instructions of the person whom the funeral establishment reasonably believes holds the right of disposition. No funeral establishment is responsible for contacting or independently investigating the existence of any next-of-kin or relative of the decedent.
Acts 2012, ch. 828, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 7 - DISPOSITION OF HUMAN REMAINS (§§ 62-5-701 — 62-5-709) › Section 62-5-708 - Reasonable reliance upon instructions

No funeral establishment or funeral director who relies reasonably in good faith upon the instructions of a person claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions unless the funeral establishment or funeral director knew or had reason to know that the person did not have the right of disposition.
Acts 2012, ch. 828, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 7 - DISPOSITION OF HUMAN REMAINS (§§ 62-5-701 — 62-5-709) › Section 62-5-709 - Release of remains to selected funeral establishment

A funeral establishment that has custody of the remains of a deceased person, but is not the establishment selected by the persons named in §
62-5-703
with the right of disposition to provide funeral services, shall release the remains to the funeral establishment selected by the persons named in §
62-5-703
with the right of disposition during normal business hours unless otherwise agreed to by the two (2) funeral establishments. The receiving funeral establishment shall be responsible for the cost of any merchandise or services provided by the initial funeral establishment, which shall be payable to the initial funeral establishment at the time of release. However, the cost of the merchandise or services provided shall not exceed the prices for the merchandise or services listed on the general price list of the initial funeral establishment.
Added by 2017 Tenn. Acts, ch. 158, s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 8 - ALKALINE HYDROLYSIS (§§ 62-5-801 — 62-5-810) › Section 62-5-802 - Prerequisites to resomation - Refund of fees

(a)
An operator of an alkaline hydrolysis facility shall not resomate or allow resomation at an alkaline hydrolysis facility of a dead human body, other than a body that was donated to science for purposes of medical education or research, until the following has occurred:
(1)
The requirements of §
62-5-809
have been met, unless the decedent died from a virulent communicable disease, in which case the department of health or board of health having territorial jurisdiction where the death of the decedent occurred requires by rule or order the resomation to occur prior to the requirements of §
62-5-809
being met;
(2)
The operator has received a permit from the department of health for resomation of human remains that authorizes the resomation of the decedent; and
(3)
The operator has received other documentation required by this state or a political subdivision of this state.
(b)
If an operator of an alkaline hydrolysis facility submits to the department of health a sworn affidavit stating the operator has completed the resomation of human remains without charge, then the department of health shall issue a refund of fees associated with the receipt of a permit as described in subdivision (a)(2).
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 8 - ALKALINE HYDROLYSIS (§§ 62-5-801 — 62-5-810) › Section 62-5-804 - Final disposition of remains - Unclaimed resomated remains

(a)
Except as provided in subsection (b), a person shall not:
(1)
Dispose of the resomated remains of a dead human body or body parts in a manner or in a location that the resomated remains are commingled with those of another decedent, or body parts removed from another decedent or living person; or
(2)
Place the resomated remains of more than one (1) decedent, or of body parts removed from more than one (1) decedent or living person, in the same urn or temporary container.
(b)
Notwithstanding subsection (a), a person may:
(1)
Scatter resomated remains at sea, by air, or in a dedicated area at a cemetery used exclusively for the scattering on the ground of the resomated remains of dead human bodies or body parts;
(2)
If complying with specific instructions from the decedent or decedents, or an heir or personal representative designated by the decedent or decedents:
(A)
Commingle resomated remains of more than one (1) decedent, or of body parts removed from more than one (1) decedent or living person; or
(B)
Place in the same urn or temporary container of the resomated remains of more than one (1) decedent, or of body parts removed from more than one (1) decedent or living person; and
(3)
If the person is operating under the decedent's instructions, commingle the resomated remains or body parts removed from another decedent or living person, after receipt of the resomated remains or the body parts, with those of another decedent or body parts removed from another decedent or living person.
(c)
Unless otherwise specified by written agreement between the operator of the alkaline hydrolysis facility or funeral establishment and the person or entity requesting the resomation of human remains, resomated human remains unclaimed one hundred eighty (180) calendar days from the date of resomation may be interred, entombed, or inurned by the operator of the facility. The operator of the facility or funeral establishment shall make a record of the disposition of the unclaimed resomated human remains available for inspection on weekdays between the hours of eight o'clock a.m. (8:00 a.m.) and four-thirty p.m. (4:30 p.m.).
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 8 - ALKALINE HYDROLYSIS (§§ 62-5-801 — 62-5-810) › Section 62-5-806 - Removal of devices or implants from remains

If a funeral director delivers the decedent to an alkaline hydrolysis facility, then the embalmer shall take reasonable precautions to ensure necessary actions are taken to remove any device or implant from the decedent known to the funeral director, or to render the device or implant nonhazardous, prior to delivering the decedent to the facility.
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 8 - ALKALINE HYDROLYSIS (§§ 62-5-801 — 62-5-810) › Section 62-5-807 - Alkaline hydrolysis facility operator liability

(a)
The operator of an alkaline hydrolysis facility is not liable for damages in a civil action for the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith, or in a wanton or reckless manner:
(1)
Having performed the resomation of the decedent, or having released or disposed of the resomated remains, in accordance with the instructions of the decedent or an heir or personal representative of the decedent;
(2)
Having performed the resomation of the decedent or body parts removed from the decedent or living person or having released or disposed of the resomated remains in accordance with the instructions of the decedent or an heir or personal representative of the decedent; or
(3)
Failure to correctly identify a dead human body prior to resomation.
(b)
The operator of an alkaline hydrolysis facility is not liable for damages in a civil action for refusing to accept a dead human body or body parts or to perform a resomation under the following circumstances, unless the refusal was made with malicious purpose, in bad faith, or in a wanton or reckless manner:
(1)
The operator has actual knowledge that there is a dispute regarding the resomation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the resomation of the decedent or body parts;
(2)
The operator has a reasonable basis for questioning the accuracy of the information or statements provided to the operator with respect to the resomation of the decedent or body parts; or
(3)
The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the resomation.
(c)
The operator of an alkaline hydrolysis facility is not liable for damages in a civil action in connection with the resomation of or disposition of the resomated remains of dental gold or silver, jewelry, or other items of value delivered to the facility with a dead human body or body parts unless the actions or omissions of the operator were made with malicious purpose, in bad faith, or in a wanton or reckless manner.
(d)
This section does not create a new cause of action or substantive legal right against the operator of an alkaline hydrolysis facility.
(e)
This section does not affect immunities from civil liability or defenses established by law to which the operator of an alkaline hydrolysis facility may be entitled.
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 8 - ALKALINE HYDROLYSIS (§§ 62-5-801 — 62-5-810) › Section 62-5-808 - Resomation without a casket

An operator of an alkaline hydrolysis facility shall not require a person to be resomated in a casket. However, in the discretion of the operator of a facility, a container composed of a readily biodegradable material that is suitable for resomation, other than a casket, may be required.
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 8 - ALKALINE HYDROLYSIS (§§ 62-5-801 — 62-5-810) › Section 62-5-809 - Delay of resomation

If a person who signs the death certificate; a district attorney general; any law enforcement officer; or an emergency medical or rescue worker, emergency medical technician, or paramedic who attended the person immediately prior to or after the person's death, signs a written statement requesting the delay of a resomation based upon a reasonable belief that the cause of death may have been due to other than accidental or natural causes, then the resomation of a dead human body must be delayed based upon that request.
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 5 - FUNERAL DIRECTORS AND EMBALMERS (§§ 62-5-101 — 62-5-810) › Part 8 - ALKALINE HYDROLYSIS (§§ 62-5-801 — 62-5-810) › Section 62-5-810 - Resomation of medical waste

This part does not permit the resomation of body parts from a decedent or living person at the request of a hospital or other institution. Only the individual from whose body the body parts were removed, or the individual's duly appointed representative, may make arrangements with an alkaline hydrolysis facility for the resomation of body parts.
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-101 - Short title

This part shall be known and may be cited as the "Contractors Licensing Act of 1994."
Acts 1976, ch. 822, § 1; T.C.A., § 62-601; Acts 1994, ch. 986, § 17.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-105 - Qualification of members - Terms - Vacancies - Removal

(a)
(1)
Each member of the board shall be at least twenty-five (25) years of age and of good moral character.
(2)
(A)
Each member shall be of recognized standing in the member's branch of the contracting business.
(B)
Subdivision (a)(2)(A) does not apply to the member who is not engaged in the business of contracting.
(b)
The terms of members shall be for a seven-year period and staggered so that the term of at least one (1) member shall expire each December 31.
(c)
In event of death, resignation or failure of a member to serve the full term, a successor shall be appointed to the unexpired term. Each member shall hold over after the expiration of the member's term until the successor has been duly appointed and qualified. If vacancies occur in the board for any cause, the vacancies shall be filled by appointment of the governor.
(d)
The governor may remove any member of the board for official misconduct, incompetency or willful neglect of duty.
Acts 1976, ch. 822, § 5; 1979, ch. 59, § 3; T.C.A., § 62-605.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-106 - Certificate of appointment - License requirement - Legal assistance

(a)
Each member of the board shall receive a certificate of appointment from the governor and, before entering upon the discharge of the duties of office, shall file with the secretary of state the constitutional oath of office.
(b)
(1)
No one shall be eligible for appointment on the board who does not at the time hold an unexpired license to operate as a contractor under this part.
(2)
Subdivision (b)(1) does not apply to the appointment of a member who by law is not permitted to be engaged in the business of contracting in any county of this state.
(c)
The board, or any committee of the board, shall be entitled to the services of the attorney general and reporter or the legal department of Tennessee in connection with the affairs of the board.
Acts 1976, ch. 822, § 6; 1979, ch. 59, § 4; T.C.A., § 62-606.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-107 - Executive director - Other staffing

(a)
The board shall appoint an executive director to provide all administrative functions for the board. The compensation of the executive director shall be fixed by the board and the director shall serve at the pleasure of the board.
(b)
The board shall retain and establish the qualifications and compensation for investigators, inspectors, and other staff requiring professional qualifications. All members of the board's staff requiring professional qualifications shall serve at the pleasure of the board.
(c)
Any expenditure by the board under this section shall be subject to approval by the commissioner of finance and administration, pursuant to the board's annual budget submitted to the commissioner of commerce and insurance and approved by the commissioner of finance and administration.
Amended by 2017 Tenn. Acts, ch. 454,s 3, eff. 5/25/2017.
Acts 1945, ch. 135, § 5; mod. C. Supp. 1950, § 7182.28 (Williams, § 7182.29); Acts 1972, ch. 633, § 2; 1978, ch. 906, § 20; T.C.A. (orig. ed.), § 62-607; Acts 1994, ch. 986, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-108 - Bylaws and rules - Seal

(a)
The board has the power to make bylaws, rules and regulations not inconsistent with the laws of this state that it deems best, subject to the final approval of the commissioner of commerce and insurance.
(b)
The board shall adopt a seal for its own use. The seal shall have on it the words "Board for Licensing Contractors, State of Tennessee." The executive director shall have care, charge and custody of the seal.
Acts 1976, ch. 822, § 9; T.C.A., § 62-609.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-109 - Board meetings - Officers

(a)
The board shall meet at least six (6) times each year for the purpose of transacting business.
(b)
At the first meeting of each calendar year the board shall elect officers, including a chair, vice chair and secretary.
(c)
Special meetings of the board shall be held at times that the board may provide.
(d)
Five (5) members shall constitute a quorum at a board meeting.
(e)
Due notice of each meeting and the time and place of the meeting shall be given each member in the manner that the bylaws may provide.
(f)
The board shall meet in each grand division at least one (1) time each year.
(g)
The board may specify by rules and regulations specific board actions that may be taken by the executive director without a meeting of the board. The actions shall be limited to increases in the monetary limits and timely consideration of licensure applications or renewal applications for which there are no evident impediments to licensure and for which loss of substantial business is imminent if licensure is delayed. Notice of emergency actions shall be posted on the board's website and shall be scheduled as the first agenda item at the next scheduled meeting of the board in order that the board may review and, in its discretion, modify the actions of the executive director.
Acts 1976, ch. 822, § 10; 1979, ch. 59, § 8; T.C.A., § 62-610; Acts 1984, ch. 676, § 8; 1989, ch. 487, § 2; 1994, ch. 986, § 3; 2001, ch. 222, §§ 1, 2; 2007, ch. 191, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-110 - Register of applicants - Roster of licensees

(a)
The executive director shall keep a register of all applicants for license, showing for each applicant the date of application, name, qualifications, place of business, place of residence and whether license was granted or refused.
(b)
The books and register of the board shall be prima facie evidence of all matters recorded in the books and register.
(c)
A roster showing the name, business address, business telephone number and qualifying agent of each licensed contractor shall be prepared by the executive director of the board. The roster may be printed by the board, the expense of which shall be part of the expenses of the board as provided in §
56-1-302
.
Acts 1976, ch. 822, § 11; 1980, ch. 652, § 1; T.C.A., § 62-611; Acts 1989, ch. 487, § 3; 1994, ch. 986, § 4; 2001, ch. 261, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-113 - Issuance of duplicate certificate

A duplicate license certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules and regulations of the board.
Acts 1976, ch. 822, § 14; T.C.A., § 62-614.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-114 - Certificate as evidence of rights

The issuance of a certificate of license shall be evidence that the person, firm or corporation named in the certificate is entitled to all the rights and privileges of a licensed contractor while the license remains unrevoked or unexpired.
Acts 1976, ch. 822, § 15; 1977, ch. 406, § 3; T.C.A., § 62-615; Acts 1989, ch. 487, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-115 - Corporations and partnerships

Corporations and partnerships may engage in the business of contracting; provided, that at least one (1) of the major stockholders or partners or full-time employees with a written power of attorney to bind the corporation or partnership has sufficient knowledge of the construction business in which the persons are licensed to perform. If the person who took the examination for the partnership or corporation leaves the firm for any reason, the partnership or corporation must designate an individual to take the examination within three (3) months.
Acts 1976, ch. 822, § 16; T.C.A., § 62-616; Acts 1989, ch. 487, § 12; 1993, ch. 214, § 1; 1994, ch. 986, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-117 - Certificate issued to person who enters or has entered military service

Any certificate of license issued by the state board for licensing contractors to any person now in any branch of the armed service of the United States or who hereafter enlists or is called into service remains in full force and effect until one (1) year after the person is discharged from service and is subject to renewal at that time by the payment of the annual fee set out in this part.
Acts 1976, ch. 822, § 18; T.C.A., § 62-618.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-121 - Enforcement

The board shall inquire into the identity of any person, firm or corporation operating under the general classifications of this part and shall prosecute any person, firm or corporation violating this part.
Acts 1976, ch. 822, § 22; 1978, ch. 906, § 22; T.C.A., § 62-622.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-122 - Injunctions

(a)
In order to secure the effective enforcement of this part, jurisdiction is conferred on the chancery courts of this state to grant injunctive relief against:
(1)
Any person, firm or corporation undertaking to engage in the contracting business in violation of the terms of this part; or
(2)
Any person, firm, corporation or official of this state or any political subdivision of this state who accepts a bid in violation of §
62-6-120(b) or (c)
.
(b)
The injunction suit shall be filed in the name of the state of Tennessee on relation of the board for licensing contractors, or any member of the board, without bond being required for prosecution of the suit or for the issuance of injunction.
(c)
Any expenses incurred, such as depositions, travel expenses or attorney fees, required for the prosecution of the suit, shall be paid in the same manner as other expenses incurred by the board.
Acts 1976, ch. 822, § 23; T.C.A., § 62-623; Acts 1989, ch. 25, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-123 - Indemnify or hold harmless agreement invalid

A covenant promise, agreement or understanding in or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenance and appliance, including moving, demolition and excavating connected therewith, purporting to indemnify or hold harmless the promisee against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the promisee, the promisee's agents or employees or indemnitee, is against public policy and is void and unenforceable.
Acts 1976, ch. 822, § 24; T.C.A., § 62-624.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-124 - Access to and use of financial statements

(a)
The financial statements submitted by contractors shall be treated as confidential and shall be used by the board only for the purposes of determining the qualifications of applicants for licenses and the monetary limitations.
(b)
The comptroller of the treasury or the comptroller's designated representative shall be accorded access to and may examine any financial statement solely for the purpose of a legitimate audit, §
10-7-508
to the contrary notwithstanding.
Acts 1979, ch. 165, § 1; T.C.A., § 62-625.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-125 - 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 part.
Acts 1980, ch. 451, § 11; T.C.A., § 62-626.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-126 - Retirement of license - Procedure - Fee - Reinstatement - Disciplinary actions - Renewal - Transferability

(a)
Any licensee may retire the licensee's license by submitting a form prescribed by the board accompanied by the current active license certificate and a fee of twenty-five dollars ($25.00). Upon receipt of an acceptable application to retire, the board shall issue a retired inactive license certificate to the contractor. The holder of a retired license shall not be entitled to practice as a contractor until the licensee is reinstated.
(b)
Any licensee who is not engaged in work or activities that require a contractor's license may apply for a retired license.
(c)
A retired license shall be valid for a period of one (1) year from the annual renewal date. If the inactive licensee wishes to remain inactive for any portion of a subsequent calendar year, the licensee shall pay an additional inactive fee of twenty-five dollars ($25.00) on or before the annual renewal date of each such year.
(d)
The board shall not refund any of the renewal fee that a licensee may have paid prior to the receipt of the application to retire.
(e)
A retired license may be reinstated by submitting an application acceptable to the board, by paying the full renewal fee for an active license and by fulfilling all other requirements of this part. No examination shall be required to reinstate a retired license.
(f)
The retired status of a license shall not bar any disciplinary action by the board against a licensee for any of the causes provided in this part.
(g)
In no event may a retired license be renewed for more than seven (7) years dated from the time of initial application.
(h)
No retired license is transferable.
Acts 1991, ch. 216, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-127 - Reserved

Repealed by 2013 Tenn. Acts, ch. 211,s 3, eff. 7/1/2013.
Acts 1994, ch. 866, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-128 - Availability of liens

Notwithstanding title 66, chapter 11 or any other law to the contrary, title 66, chapter 11, shall not be available on single family residential construction to any person, firm or corporation that performs residential construction and that is required to be licensed as a contractor pursuant to this part and fails to have a valid license when acting as a contractor.
Acts 1994, ch. 986, § 16.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-129 - Bid bonds

In addition to any applicable requirement of §
12-4-201
, no contract for the services of a construction manager shall be awarded for any public work in this state by any city, county or state authority or any board of education unless there is posted at the time of the submittal of a proposal for services by a construction manager a bid bond equal to ten percent (10%) of the value of the services proposed and the value of the work to be managed or may at the time of contracting provide payment and performance bonds in amounts equal to the combined monetary value of the services of the construction manager and the value of the work to be so managed.
Acts 1995, ch. 342, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-130 - Limited licensed electricians not contractors

Nothing in this part shall be construed to provide that a limited licensed electrician is a contractor. It is the intent of this part to provide that a limited licensed electrician is subject to the jurisdiction of the board solely for the purposes of licensure and disciplinary proceedings. No limited licensed electrician shall be authorized to use the appellation "contractor" or any other designation that gives or is designed to give the impression that a limited licensed electrician is a contractor unless the limited licensed electrician also holds a valid contractor's license issued by the board.
Acts 1999, ch. 238, § 3; 2000, ch. 876, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-131 - Bonds - Expiration of licenses - Fees

(a)
No person shall be required to post a bond, provide a financial statement or provide a letter of reference in order to obtain a license as a limited licensed electrician.
(b)
All limited licensed electrician licenses shall expire biennially on the month of their issuance.
(c)
(1)
The board shall prescribe fees for the issuance and renewal of licenses of limited licensed electricians. The fees, together with the fees prescribed for limited licensed plumbers pursuant to chapter 6, part 4 of this title, shall be in an amount that provides for the cost of administering the licensing and regulation of limited licensed electricians and limited licensed plumbers.
(2)
The fees collected by the board as described in subdivision (c)(1) shall be combined with fees collected for the licensing of limited licensed plumbers, pursuant to chapter 6, part 4 of this title. These fees shall be used to defray expenses incurred in the administration of the licensing of limited licensed electricians, pursuant to this part, and limited licensed plumbers, pursuant to chapter 6, part 4 of this title.
(3)
Fees for limited licensed electricians shall be adjusted as necessary to provide that the limited licensed electricians and plumbers fund is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures.
(4)
On July 1, 2015, all funds held by the state treasurer for the administration of the licensing of limited licensed electricians shall be combined with funds held for the administration of the licensing of limited licensed plumbers, pursuant to chapter 6, part 4 of this title.
(d)
In no event shall the fee for an initial limited licensed electrician license exceed seventy-five dollars ($75.00) per year nor shall the fee for a renewal of the license exceed fifty dollars ($50.00) per year.
Amended by 2015 Tenn. Acts, ch. 291,s 6, eff. 4/24/2015.
Acts 1999, ch. 238, § 9; 2000, ch. 876, § 13.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-132 - Inspection of temporary electrical service

No person is required to register with the state fire marshal nor obtain a license from the board for licensing contractors to inspect temporary electrical service.
Acts 2000, ch. 876, § 14.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-133 - Acts prohibited by residential contractor - Conflicts of interest

(a)
The following acts are prohibited by a residential contractor:
(1)
Having a controlling ownership interest in the lender providing a mortgage loan for home improvement for the work being performed by the contractor; or
(2)
Being a cosigner or acting as a guarantor for a mortgage loan for home improvement.
(b)
As used in this section, "mortgage loan for home improvement" shall have the same meaning as defined in §
45-13-403(c)
.
Acts 2003 , ch. 368, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-134 - Violations by residential contractors - Penalties

(a)
For each violation of §
62-6-133
by a residential contractor, the board is authorized to impose a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) after notice and an opportunity for a hearing. The penalty shall be in addition to any other penalty authorized pursuant to this part.
(b)
In addition to the civil penalty authorized pursuant to subsection (a), a violation of §
62-6-133
shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and, as such, the private right of action remedy under the Tennessee Consumer Protection Act of 1977 shall be available to any person who suffers an ascertainable loss of money or property, real, personal or mixed, or any other article, commodity or thing of value wherever situated as a result of the violation.
Acts 2003 , ch. 368, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-135 - Applicability to alarm systems contractors

This part shall not apply to entities certified under chapter 32, part 3, of this title, when those entities are performing functions for which those entities are certified.
Acts 2003, ch. 68, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-136 - Unlawful representation as a licensed contractor or acting as a contractor - Penalties - Liability

(a)
It is unlawful for any person, firm or corporation to represent itself as a licensed contractor or to act in the capacity of a "contractor" as defined in §§
62-6-102
, or
62-37-103
[repealed], and related rules and regulations of this state, or any similar statutes, rules and regulations of another state, while not licensed, unless such person, firm or corporation has been duly licensed under §
62-6-103
or [former] §
62-37-104
[repealed].
(b)
In addition to the penalties set out in §
62-6-120
, [former] §
62-37-114
[repealed] or [former] §
62-37-127
[repealed], a violation of this section shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and, as such, the private right of action remedy under the Tennessee Consumer Protection Act of 1977 shall be available to any person who suffers an ascertainable loss of money or property, real, personal or mixed, or any other article, commodity or thing of value wherever situated as a result of the violation.
(c)
An individual who violates this section and would, but for this section, have limited liability as owner of an entity having limited liability protection, including, but not limited to, a corporation, is personally liable for the individual's own representations, acts or omissions to the same extent as if that individual rendered the representations, acts or omissions as an individual.
Acts 2004, ch. 492, § 2.