reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-307 - Right of access for inspections

In conducting inspections to check compliance with this part pursuant to §
70-8-304(6)
, the commissioner has the right of access to areas where rare plants are growing in the state.
Acts 1985, ch. 242, § 7; T.C.A., § 11-26-207.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-308 - Public works projects

The list of threatened species and special concern species maintained pursuant to §
70-8-304(7)
may be used by the department in commenting on proposed public works projects in the state, and the department shall encourage voluntary efforts to prevent the plants on this list from becoming endangered species. This part shall not, however, be used to interfere with, delay or impede any public works project.
Acts 1985, ch. 242, § 8; T.C.A., § 11-26-208.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-309 - Violations

(a)
It is a violation of this part for any person other than the landowner, lessee, or other person entitled to possession, or the manager, in the case of publicly owned land, or a person with the written permission of the landowner or manager, to knowingly uproot, dig, take, remove, damage, destroy, possess, or otherwise disturb for any purpose, any endangered species. This subsection (a) does not apply to any employee or contractor of the federal government or of the state or of any political subdivision of the state engaged in any type of planning, construction, or maintenance work upon any proposed or existing federal, state, county, or other public road or highway, or highway right-of-way, while performing such work in the course of employment or contract work with the federal, state, or local government.
(b)
It is a violation of this part for any nursery farmer to export from this state or to sell any endangered species without first obtaining a license from the commissioner as provided in §
70-8-304(3)
. The license shall allow any nursery farmer to purchase a maximum of ten (10) plants of any endangered species in each calendar year without being in violation of this part.
Acts 1985, ch. 242, § 9; T.C.A., § 11-26-209.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-310 - Penalties

(a)
Any person who violates any of the provisions of this part or any regulation or rule promulgated under this part or who violates the terms of any license issued by the department under this part shall be fined not more than one thousand dollars ($1,000), or be imprisoned for not more than six (6) months, or both.
(b)
The court shall in all cases impose a fine of at least one hundred dollars ($100) for a person's first conviction under this part and a fine of at least five hundred dollars ($500) for all subsequent convictions of that person under this part.
(c)
The court shall not impose a jail sentence for a person's first conviction under this part.
Acts 1985, ch. 242, § 10; T.C.A., § 11-26-210.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-311 - Enforcement of provisions - Injunctions

(a)
Any employee or agent of the department upon whom has been conferred law enforcement powers, including the power to serve and execute warrants and arrest offenders or issue citations throughout the state, or any police officer of the state or any police officer of any municipality or county of this state has the authority to enforce any of the provisions of §
70-8-309
or any regulation or rule promulgated pursuant to this part, or any license issued pursuant to this part.
(b)
In addition to any other available remedy at law, the commissioner may apply to the chancery court of any county in which a violation of this part is occurring, or in which the commissioner has probable cause to believe a violation of this part is about to occur, and the court shall have jurisdiction to grant a temporary or permanent injunction restraining any person from violating any provision of this part without requiring the commissioner to post bond during the pendency of this action.
Acts 1985, ch. 242, § 11; T.C.A., § 11-26-211.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-312 - Powers of commissioner

(a)
The commissioner shall establish programs as necessary and utilize and participate in existing programs and authorities, in order to conserve rare plants in Tennessee.
(b)
The commissioner may enter into agreements with federal agencies, other state agencies, other states, political subdivisions of this state, or individuals or organizations with respect to programs designed to conserve rare plants, including agreements for the administration or management, or both, of any area established under the authority of the department for conserving, managing, enhancing, or protecting rare plants. The commissioner shall not enter into any such agreements that would delay or impede any public works project without the explicit approval of the agency responsible for such project.
(c)
The commissioner is authorized to and may receive funds, donations, grants, or other moneys, gifts, or properties by devise or purchase necessary to execute this section.
(d)
The commissioner of agriculture is also authorized to perform any of the actions listed in subsections (a)-(c).
Acts 1985, ch. 242, § 12; T.C.A., § 11-26-212.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-313 - Rules and regulations

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except as otherwise provided in this part. The commissioner of agriculture shall review all rules and regulations and shall concur before they become final.
Acts 1985, ch. 242, § 14; T.C.A., § 11-26-213.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-314 - Limitations on implementing provisions

(a)
No rule adopted under this part shall cause undue interference with normal agricultural and forestry practices.
(b)
Nothing in this part shall be construed to permit a person to violate any provision of federal law concerning federally protected endangered or threatened species.
(c)
Ginseng,
Panax quinquefolius,
is regulated under title 62, chapter 28 and is exempt from this part.
(d)
This part shall not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before July 1, 1985.
Acts 1985, ch. 242, §§ 13, 15, 16; T.C.A., § 11-26-214.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 9 - TENNESSEE OFF-HIGHWAY VEHICLE ACT (§§ 70-9-101 — 70-9-107) › Section 70-9-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Off-Highway Vehicle Act".
Acts 2004, ch. 622, § 2.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 9 - TENNESSEE OFF-HIGHWAY VEHICLE ACT (§§ 70-9-101 — 70-9-107) › Section 70-9-102 - Legislative intent

The number of off-highway vehicle users in the state is increasing and is growing as a recognized recreational activity while the number of recreational sites is rapidly declining. In the absence of a program to manage off-highway vehicle (OHV) use, a number of consequences are accruing to the state, including environmental damage and loss of economic prospects. Therefore, the general assembly finds the need to manage OHVs to maximize economic and recreational opportunities, to protect the environment of this state, and to ensure that adequate revenue is generated for such purpose.
Acts 2004, ch. 622, § 3.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 9 - TENNESSEE OFF-HIGHWAY VEHICLE ACT (§§ 70-9-101 — 70-9-107) › Section 70-9-103 - Chapter definitions

For the purpose of this chapter, unless the context otherwise requires:
(1)
"Agency" means the Tennessee wildlife resources agency;
(2)
"Commission" means the Tennessee fish and wildlife commission;
(3)
"Director" means the executive director of the Tennessee wildlife resources agency, the director's duly authorized representative, and, in the event of the director's absence or a vacancy in the office of director, the assistant director of the Tennessee wildlife resources agency;
(4)
"Off-highway vehicle" or "OHV" means any off-road motorcycles, three or four-wheel all-terrain vehicles or dune buggies;
(5)
"Owner" means the person in whose name the OHV is owned; and
(6)
"Seller" means a person permitted to engage in the business of selling, offering to sell, soliciting or advertising the sale of either off-road motorcycles, three or four-wheel all-terrain vehicles or dune buggies, or any of these vehicles.
Acts 2004, ch. 622, §4; 2012 , ch. 993, § 13.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 9 - TENNESSEE OFF-HIGHWAY VEHICLE ACT (§§ 70-9-101 — 70-9-107) › Section 70-9-104 - Authority of director

The director is authorized to:
(1)
Establish and implement an off-highway vehicle program;
(2)
In cooperation with sellers and governmental agencies, develop a voluntary off-highway vehicle education program for existing and potential owners and users;
(3)
Develop guidelines on the proper land selection criteria, trail design and maintenance, and best management practices for all lands used for off-highway user purposes. In this connection, the director is authorized to develop public lands and manage for specific uses those public lands;
(4)
Study, analyze, and document the impacts of off-highway motor vehicles on surrounding habitat, including habitat loss, resource damage, noise, and vehicle emissions;
(5)
Acquire lands, through purchase or lease, for off-highway motor vehicle use. The director is encouraged to use property which is currently owned or leased by the state and which is appropriate for off-highway vehicle use before acquiring lands from private landowners. OHV use shall be expressly prohibited in Tennessee wildlife resources agency (TWRA) wildlife management areas or refuges used solely for hunting, fishing or other TWRA-related activities, state forests, state parks and state natural areas unless such area has been expressly approved for such use on or before May 10, 2004, except that OHV users may be allowed to access such areas if specified by rule and regulation;
(6)
Develop and maintain a list of areas within the state that allow the use of off-highway motor vehicles;
(7)
Enter into partnerships, contracts, and other management agreements with state, federal, and local governments and with private landowners to effectuate the purposes of this chapter;
(8)
Make inspections and investigations, conduct studies and research, or take such other action as may be necessary to carry out this chapter, and rules and regulations promulgated pursuant to §
70-9-105
; and
(9)
Exercise general supervision over the administration and enforcement of this chapter and all rules and regulations promulgated under §
70-9-105
.
Acts 2004, ch. 622, § 5.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 9 - TENNESSEE OFF-HIGHWAY VEHICLE ACT (§§ 70-9-101 — 70-9-107) › Section 70-9-105 - Rules and regulations

The commission is authorized to promulgate rules and regulations for the following purposes:
(1)
To set, through rules and regulations, rider fees as established in this chapter;
(2)
To establish safety requirements for riders on publicly owned or leased lands. Riders under eighteen (18) years of age shall, at a minimum, wear a helmet; and
(3)
To promulgate any other rules and regulations deemed reasonable and necessary to effectuate the purposes of this chapter. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2004, ch. 622, § 6.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 9 - TENNESSEE OFF-HIGHWAY VEHICLE ACT (§§ 70-9-101 — 70-9-107) › Section 70-9-106 - Use of funds received by the agency

(a)
The funds received by the Tennessee wildlife resources agency under this chapter shall be used exclusively for the purpose of funding the operation and management of the off-highway motor vehicle program authorized under this chapter. The director may use funds collected under this chapter to acquire by purchase, gift, grant, bequest, devise, or lease, the fee or any lesser interest in land, development right, easement, covenant, or other contractual right necessary to achieve the purposes of this chapter.
(b)
It is the intent of the general assembly that the off-highway vehicle program be self-funded. Use of any existing or future agency resources, revenues, or funding not derived by or through the OHV program, to administer or enforce this program shall constitute a diversion of funds under §
70-1-401
. Any future federal funds received for OHV or motorized trails shall be credited to the agency for use to administer and enforce this chapter.
Acts 2004, ch. 622, § 7.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 9 - TENNESSEE OFF-HIGHWAY VEHICLE ACT (§§ 70-9-101 — 70-9-107) › Section 70-9-107 - Penalties - Enforcement

(a)
Except as provided in subsection (d), a violation of any provision of this chapter is a Class B misdemeanor. A parent or guardian who knowingly permits a minor to operate an off-highway vehicle in violation of this chapter commits a Class B misdemeanor. A person who commits a second or subsequent offense commits a Class B misdemeanor with a mandatory fine of two hundred fifty dollars ($250).
(b)
For any conviction of violation of a provision of this chapter, the court may order restitution for damages caused by the violator, or the court may order the violator to restore the property to a state comparable to its original undamaged state. Any restitution ordered shall be paid to the landowner or to the agency if the land on which the offense occurred was owned, leased, licensed to, or in some manner under agency control. Agency control includes, but is not limited to, control through any type of agreement or understanding with any private or governmental entity permitting land to be used in connection with the OHV program.
(c)
In connection with an arrest for a violation of this chapter, the OHV may be seized and impounded in compliance with title 40, chapter 33.
(d)
It is unlawful for any person to ride an off-highway motor vehicle upon the land of another without having first obtained the permission or approval of the owners of the land or of the person or persons in charge of the land who have authority from the owner to give such permission. A violation of this subsection (d) is a Class C misdemeanor, subject to a fine only of fifty dollars ($50.00). Each day's violation of this subsection (d) shall be considered a separate offense; provided, that, in lieu of a fine pursuant to this subsection (d), if land is damaged, a court may order the violator to pay restitution to the landowner or to restore the property to a state comparable to its original undamaged state.
(e)
This chapter is enforceable and may be prosecuted by all law enforcement officers, including police officers, sheriffs, agency officers, and other peace officers charged with the enforcement of the laws of this state. The primary responsibility for the enforcement and prosecution of this chapter on private lands and on lands under local governmental ownership or control is with local law enforcement officers. The primary responsibility for the enforcement and prosecution of this chapter on public lands not under local governmental ownership or control is with state law enforcement officers, including wildlife resources officers. It is not the legislative intent that the agency enforce trespass laws on private property unless the property is under state control.
Acts 2004, ch. 622, § 8; 2005, ch. 175, §§ 1, 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-101 - Short title

This part may be cited as the "Welfare Organization Law of 1937."
Acts 1937, ch. 48, § 15; C. Supp. 1950, § 4765.1 (Williams, § 4765.15); T.C.A. (orig. ed.), §§ 14-101, 14-1-101.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-102 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of human services;
(2)
"Department" means the department of human services;
(3)
"Director" means the director of a division within the department;
(4)
"Division" means one (1) of the divisions created within the department of human services for the purposes of administration;
(5)
"Region" means one (1) or more counties grouped for the purpose of local administration; and
(6)
"Regional director" means the director of a region.
Acts 1937, ch. 48, § 14; 1939, ch. 95, § 8; C. Supp. 1950, § 4765.3 (Williams, § 4765.1); impl. am. Acts 1975, ch. 219, §§ 1 (a, b), 2 (a, b); T.C.A. (orig. ed.), §§ 14-102, 14-1-102.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-103 - Department created

There is created a department of state government, which shall be known and designated as the department of human services.
Acts 1937, ch. 48, § 1; 1939, ch. 95, § 2; C. Supp. 1950, § 4765.3 (Williams, § 4765.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-103, 14-1-103.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-104 - Succession to previous agencies - Workshop for blind

(a)
The department shall in all respects be the legal successor to the corporate powers, duties, and responsibilities of the commission for the blind, and any other state welfare commissions other than those that may be excepted by §
71-1-105(a)(1)
. The department shall succeed to all the rights and obligations of these agencies; provided, that the workshops for the blind located at Nashville and Memphis shall, through this department or by contract with a nonprofit organization or organizations, continue to be operated for the employment of blind persons.
(b)
Notwithstanding §
12-2-112
or §
12-2-403
, the department has the authority, subject to the approval of the state building commission, to convey ownership of the workshops to any such contractor without financial consideration, including real and personal property, inventory of materials, and stores for resale. The instrument of conveyance to such nonprofit contractor shall provide that the real property and production equipment conveyed, or sufficient remuneration for the real property and production equipment, shall revert to the state at any time the contractor or its successor shall cease operating a workshop for the benefit of the blind, unless the state finds in its sole discretion that it is in the state's best interest to allow such real property and production equipment to be sold to such contractor or contractor's successor at such time as the contractor or contractor's successor shall cease operating a workshop for the benefit of the blind. If the state deems it appropriate to convey such real property and production equipment to the contractor, then the amount of remuneration to be paid by the contractor or its successor to the state shall be determined at the time the real property and production equipment is originally conveyed to the contractor, to be based upon the appraised value of the real property and production equipment at the time of the original conveyance to the contractor.
Acts 1937, ch. 48, § 2; 1939, ch. 95, § 3; 1943, ch. 154, § 1; mod. C. Supp. 1950, § 4765.4 (Williams, §§ 4765.2, 4765.3a); modified; T.C.A. (orig. ed.), § 14-140; Acts 1982, ch. 863, § 1; 1986, ch. 829, § 1; T.C.A., § 14-1-104; Acts 2003, ch. 355, § 56.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-106 - Appointment of chief officer and personnel

The chief administrative and executive officer of the department shall be appointed by the governor solely on a basis of merit as measured by education, ability, and experience in the administration of public welfare activities and without regard to residence or political affiliation. Such officer shall serve at the pleasure of the governor. Such officer shall have general charge and supervision of the department and shall appoint the heads of such divisions as may be created. The choice of personnel shall be made on the basis of merit as measured by experience and training in each particular field. Vacancies in superior positions shall be filled so far as practicable by promotion based on meritorious service.
Acts 1937, ch. 48, § 8; C. Supp. 1950, § 4765.11 (Williams, § 4765.8); T.C.A. (orig. ed.), §§ 14-106, 14-1-106.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-107 - Duties of commissioner

As chief executive officer of the department, the commissioner shall be charged with the supervision and administration of all welfare activities subject to its jurisdiction. The commissioner at all times has the power, which the commissioner may also delegate to officers and employees of the department, of visitation, inspection and administration of local governmental welfare agencies subject to the commissioner's supervision and the books, records and accounts of each institution or agency shall be open to the commissioner's inspection. In the supervision and administration of local welfare activities, the commissioner shall advise with local authorities, and may provide such specialized services as may be necessary to the end that the laws shall be faithfully executed and that the various welfare agencies of the local government shall function effectively in relationship to one another and to the department.
Acts 1937, ch. 48, § 9; C. Supp. 1950, § 4765.12 (Williams, § 4765.9); T.C.A. (orig. ed.), §§ 14-107, 14-1-107.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-108 - Authority over personnel

The commissioner has the power, having regard to the efficient performance of the department's functions, to create positions in the department and in any division, region, agency, institution or service of the department for the accomplishment of the purposes of this part and to abolish these positions and the existing positions of officers and employees who by this part are transferred to the department. The positions in the department shall be classified by the commissioner according to the nature of the duties to be performed and the minimum qualifications for appointment, and such appointments shall be made on a merit basis. The commissioner, having regard to the nature of the services to be performed and the salaries paid for similar work elsewhere, shall establish a salary range for each class of position and within such salary range shall provide by rule for recognition of efficiency of service and length of service. All matters relating to personnel of the department shall be handled in accordance with, and under rules and regulations promulgated pursuant to authority of, title 8, chapter 30, parts 2 and 3.
Acts 1937, ch. 48, § 10; C. Supp. 1950, § 4765.13 (Williams, § 4765.10); T.C.A. (orig. ed.), §§ 14-108, 14-1-108.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-109 - Legal assistance - Property - Rules

The attorney general and reporter shall, when requested, advise the department on matters of law. The department may acquire, hold, and alienate property necessary or desirable for the performance of the functions vested in it by law. It shall have all powers necessary and proper for the carrying out of its functions, including the power to adopt and promulgate rules binding upon itself, and all persons subject to its control.
Acts 1937, ch. 48, § 6; 1949, ch. 114, § 1; C. Supp. 1950, § 4765.9 (Williams, § 4765.6); Acts 1979, ch. 422, § 27; T.C.A. (orig. ed.), §§ 14-109, 14-1-109.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-110 - Advisory committees - Multi-disciplinary protective services advisory teams

(a)
The commissioner has the authority to appoint, with the consent and approval of the governor, a committee or committees of citizens to act in an advisory capacity on any matter within the jurisdiction of the department, and to reimburse such members for their actual expenses in attending meetings of such committee or committees called at the commissioner's discretion from time to time. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(b)
The commissioner shall establish in each service region at least one (1) multi-disciplinary adult protective services evaluation team for review of protective services cases. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1937, ch. 48, § 13; 1949, ch. 113, § 1; C. Supp. 1950, § 4765.16 (Williams, § 4765.13); Acts 1976, ch. 806, § 1 (142); 1977, ch. 482, § 12; T.C.A. (orig. ed.), §§ 14-110, 14-1-110; Acts 1996, ch. 1079, § 154.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-111 - Hearings - Evidence

The commissioner has the power to conduct or cause to be conducted hearings relating to the fact determination that the department is authorized or required to make; provided, that the commissioner, and any officer or employee of the department upon written authorization from the commissioner, has the power to administer oaths and affirmations, take depositions, issue subpoenas, and require the production of any books and records that may be necessary.
Acts 1937, ch. 48, § 12; C. Supp. 1950, § 4765.15 (Williams, § 4765.12); T.C.A. (orig. ed.), §§ 14-111, 14-1-111.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-113 - Expenditure of funds

The department shall administer and expend funds appropriated to it by the general assembly or available from allotments by the federal government to the state or from contributions from the counties, cities, or other local units of government, or from other sources, in carrying out the duties imposed upon it by §
71-1-105
, including the special training of personnel required to carry out such duties, and including grants to public or other nonprofit institutions of higher learning for training personnel employed or preparing for employment in a public welfare program, and for such other purposes as may be specified by law or delegated to it by the governor, including the publication of reports and the dissemination of information as to the cause and treatment of social ill-being and the prevention of maladjustment and delinquency.
Acts 1937, ch. 48, § 4; C. Supp. 1950, § 4765.6 (Williams, § 4765.4); Acts 1953, ch. 10, § 1; 1957, ch. 99, § 1; T.C.A. (orig. ed.), §§ 14-113, 14-1-113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-114 - Compliance with federal requirements authorized

In the event that the federal government increases the percentages of funds to be furnished by it that may be matched by the state and used in connection with chapters 2-4 of this title, providing assistance to aged persons, aid to dependent children, or any successor program, and aid to the needy blind, the department is authorized to conform to the provisions of federal acts relating to the matching of administrative expense in a higher ratio than provided in such acts and to conform to the provisions for a higher ratio of matching of funds for assistance purposes. The department is further authorized to use any funds granted by the federal government in connection with such programs for the purpose for which they are granted and subject to the limitations or conditions contained in such grants.
Acts 1937, ch. 48, § 4(b), as added by Acts 1941, ch. 40, § 1; C. Supp. 1950, § 4765.7 (Williams, § 4765.4); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-114, 14-1-114; Acts 1996, ch. 950, § 22.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-115 - Conditions imposed on local governments

Whenever the department has discretion to expend funds appropriated for the purposes either through the officers and employees of the department or in the form of grants-in-aid to local governmental authorities, it shall decide with reference to the use of grants-in-aid according to the availability and adequacy of the facilities under the control of the local governmental authorities, as compared with the facilities of the department for furnishing the services required to be rendered; such funds shall be made available according to uniform rules to all local authorities performing similar functions. In formulating such rules, the department has the power to:
(1)
Fix minimum standards of service and efficiency to be required of the local governmental authorities in carrying out the functions reposed in them by law;
(2)
Provide for the termination of any grant-in-aid to any such authority whenever the department shall find that such minimum standards are not being complied with; and
(3)
Require that as a condition of receiving grants-in-aid the local units of government shall bear specific proportions of the total expense of performing the designated functions.
Acts 1937, ch. 48, § 7; C. Supp. 1950, § 4765.10 (Williams, § 4765.7); T.C.A. (orig. ed.), §§ 14-115, 14-1-115.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-116 - Judicial enforcement of subpoena - Notice - Inspection of employment records and credit bureau reports

(a)
(1)
If a person, firm, or corporation subpoenaed pursuant to authority granted pursuant to §
71-1-105(a)(17)(A)
fails to comply with the subpoena, after reasonable notice to the person, firm, or corporation, the department may seek judicial enforcement of the subpoena by filing, through the attorney general and reporter, a petition with the circuit or chancery court of Davidson County or of the judicial district in which such person, firm, or corporation resides.
(2)
A petition filed pursuant to subdivision (a)(1) must incorporate or be accompanied by a certification regarding the notice given and the failure of such person, firm, or corporation to attend or produce the items requested.
(3)
Upon the filing of a petition pursuant to subdivision (a)(1) in the proper form, the court shall order the person, firm, or corporation named in the petition to appear and show cause why the person, firm, or corporation should not be required to comply with the subpoena or be held in contempt for failure to comply. The court may employ all judicial power provided by law to compel compliance with a subpoena requested pursuant to subdivision (a)(1), including the powers granted in §§
29-9-103
- 29-9-106. The court is authorized to impose costs and sanctions against any person, firm, or corporation against whom a petition is filed pursuant to subdivision (a)(1) in the same manner and on the same bases as may be imposed for failure to comply with judicially issued subpoenas under the Tennessee Rules of Civil Procedure. The court may order the person, firm, or corporation to comply with the subpoena and may punish each day of noncompliance with the order as a separate contempt of court.
(4)
The subpoena enforcement remedies set forth in subdivision (a)(3) are cumulative and not exclusive of any other remedies provided by law.
(b)
Employment records, as defined in §
71-1-105(a)(17)(B)
, shall be open to inspection and copying by a department representative at any reasonable time and as often as may be necessary.
(c)
The department shall also have the right to compare information reported to the department by applicants or recipients with data maintained by the credit bureaus.
Added by 2018 Tenn. Acts, ch. 789,s 2, eff. 12/1/2018.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-117 - Public inspection of welfare lists

The commissioner is authorized and instructed to make public to any citizen of Tennessee through the office of the commissioner or county human services offices the names of all recipients of public welfare grants and the amount of each grant per month, each list to be broken down by counties. Only the list containing the recipients resident in a particular county is to be available for inspection in that county. The lists of all counties are to be available for inspection in the office of the commissioner.
Acts 1953, ch. 29, § 1 (Williams, § 4765.13a); impl. am. Acts 1975, ch. 219, §§ 1 (a, b), 2 (a, b); T.C.A. (orig. ed.), §§ 14-117, 14-1-117.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-118 - Restrictions on use of welfare list

(a)
The welfare lists referred to in §
71-1-117
cannot be used for political or commercial purposes and no one will be permitted to copy such a list.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1953, ch. 29, § 2 (Williams, § 4765.13a); T.C.A. (orig. ed.), §§ 14-118, 14-1-118; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-119 - Utilization of senior citizens' services

The department may establish a program utilizing senior citizens as volunteers and, to the extent funds are available, as employees in programs that provide services for children, persons with disabilities and other senior citizens. The department may utilize such federal funds as are available for these purposes.
Acts 1974, ch. 706, § 1; impl. am. Acts 1975, ch. 219, § 1; T.C.A., §§ 14-119, 14-1-119; Acts 2011, ch. 47, § 96.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-120 - Federal funds - Administrative economy

This section shall be construed, insofar as is practicable, so as to be consistent with Title XX of the Social Security Act (
42 U.S.C. §§ 1397
et seq.), and regulations issued under the authority of that act. The commissioner shall take reasonable steps to assure that the cost of administering, monitoring, and overseeing services performed by public providers and private providers shall be accomplished as economically as practicable. In the event that such expenditures are estimated to exceed six percent (6%) of the total estimated expenditures for services provided by public providers and private providers, the commissioner shall include in the annual service plan a statement to that effect, accompanied with an explanation of the reasons why such expenditures cannot be held to or below six percent (6%) of the estimated cost of services provided by public and private providers.
Acts 1976, ch. 687, §§ 1, 2; T.C.A., §§ 14-120, 14-1-120.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-121 - Access to public assistance records by authorized counsel

Notwithstanding any other law to the contrary, the department shall grant access to all public assistance records, reports, documents, case files or other similar documents about a person who has applied for or is receiving or has received public assistance, including, but not limited to, temporary assistance for needy families (TANF), or any successor program, food assistance pursuant to chapter 5, part 3 of this title, medicaid and Title XX services (
42 U.S.C. §§ 1397
et seq.), to authorized counsel for the person.
Acts 1981, ch. 355, § 1; T.C.A., § 14-1-121; Acts 1996, ch. 950, § 23.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-122 - Review of human services advisory committees

The human services advisory committees appointed by the commissioner shall periodically be subject to review pursuant to the governmental entity review law, compiled in title 4, chapter 29, simultaneously with, and as an adjunct to, the department.
Acts 1985, ch. 127, § 3; T.C.A., § 14-1-122.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-124 - Quarterly report detailing department's access to and use of federal funds

(a)
Notwithstanding any law to the contrary, the commissioner shall submit a report quarterly to the persons identified in subsection (c) detailing the department's access to and use of federal funds. The report may be submitted electronically.
(b)
The report must include information, in the aggregate and per program, regarding:
(1)
The amount and source of federal funds available to be spent by the department in the current fiscal year;
(2)
The amount of federal funds budgeted to be spent and expected to be actually spent in the current fiscal year;
(3)
The amount and percentage of federal funds set aside as reserve, both cumulatively and in the current fiscal year;
(4)
Whether there are restrictions or requirements under federal law on how federal funds can be spent, and what those restrictions or requirements are;
(5)
Whether there are restrictions or requirements under state law on how federal funds can be spent, and what those restrictions or requirements are;
(6)
Whether and how the restrictions or requirements described in subdivisions (b)(4)-(5) prevented the department's expenditure of federal funds; and
(7)
Whether unspent federal funds available to the department carry over to the next fiscal year or are lost.
(c)
Persons to whom the commissioner must submit the report include:
(1)
The speakers of the house of representatives and the senate;
(2)
The chief clerks of the house of representatives and the senate;
(3)
The chairs of the finance, ways and means committees of the house of representatives and the senate;
(4)
The chairs of the health committee of the house of representatives and the health and welfare committee of the senate;
(5)
The executive director of the general assembly's fiscal review committee, for distribution to the members of the committee;
(6)
The directors of the office of legislative budget analysis; and
(7)
The legislative librarian.
(d)
For purposes of this section, "program" includes programs administered by the department for adult and family services, child support, and rehabilitation services, including:
(1)
The child care benefits program;
(2)
The temporary cash assistance program, through the state's temporary assistance to needy families (TANF) program;
(3)
The supplemental nutrition assistance program (SNAP);
(4)
The child support enforcement program;
(5)
Rehabilitation services; and
(6)
The disability determination program.
Added by 2021 Tenn. Acts, ch. 308, s 1, eff. 5/4/2021.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-125 - Inclusion of information detailing access to use of federal TANF funds in annual block grant report

(a)
Notwithstanding a law to the contrary, the commissioner shall include in the annual block grant report submitted pursuant to §
9-4-5404
, information detailing the department's access to the use of federal TANF funds as described in subsection (b).
(b)
The report described in subsection (a) must include information detailing the department's access to and use of federal TANF funds during the previous federal fiscal year, subtotaled by the four (4) purposes of the TANF program, as described by
45 C.F.R. § 260.20
, for which the funds were expended, including:
(1)
Overall spending and the number of contracts through which services or assistance were provided in furtherance of each respective purpose;
(2)
Examples of expenditures in furtherance of each respective purpose, including:
(A)
Expenditures for programs to encourage two-parent family formation and two-parent family preservation; and
(B)
Expenditures for parenting education, mediation, marriage education, marital counseling, visitation facilitators, and initiatives to facilitate fatherhood support and inclusion; and
(3)
A review of all program expenditures to ensure inclusion of both parents.
(c)
For purposes of this section, "federal TANF funds" means the state's temporary assistance for needy families (TANF) program administered by the department.
Amended by 2024 Tenn. Acts, ch. 855,s 1, eff. 5/1/2024.
Added by 2022 Tenn. Acts, ch. 693, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-126 - Review of state medicaid program

The commissioner of finance and administration is hereby directed to begin the process of reviewing, for the purposes of reforming, the state's medicaid program. Such review shall include reviewing managed care programs and applying for needed federal waivers as well as the development of plans for consideration by the governor and the general assembly outlining options the state has under federal law concerning, but not limited to, eligibility, scope and duration of services, optional services, and rate structures. The governor is hereby authorized to appoint committees, as the governor deems appropriate, to assist in the overall review of the medicaid program, it being the legislative intent that the state of Tennessee develop a medicaid program that can continue to provide the necessary health care services to those appropriately in need at a cost that can be supported within existing sources of revenue.
Amended by 2016 Tenn. Acts, ch. 797,Secs.s6, s7 eff. 4/14/2016.
Amended by 2013 Tenn. Acts, ch. 236,s 62, eff. 4/19/2013.
Acts 1992, ch. 913, § 19; 2010, ch. 1030, § 18.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-127 - Annual training about human trafficking

The department shall work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to appropriate department personnel in the identification, intervention, prevention, and treatment of human trafficking victims, and in the proper action that should be taken when dealing with a known or suspected victim of human trafficking. The training must also inform department personnel of the resources and agencies available to provide help and services for victims of human trafficking. The training selected by the department must be submitted to, and approved by, the Tennessee bureau of investigation's human trafficking advisory council.
Added by 2022 Tenn. Acts, ch. 842,s 3, eff. 1/1/2023.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-129 - "Parents as first teachers" pilot projects

Acting in consultation with the departments of education, health, mental health and substance abuse services, and disability and aging, through a system of competitive grants and technical assistance, the department of human services shall establish and implement "parents as first teachers" pilot projects in one (1) or more counties of the state. On or before January 1, 1998, the department shall report to the governor and to the general assembly concerning pilot project findings and recommendations.
Amended by 2024 Tenn. Acts, ch. 688,s 177, eff. 7/1/2024.
Acts 1995, ch. 483, § 1; 2010 , ch. 1100, § 132; 2012 , ch. 575, § 1.