Title 47, Commercial Instruments And Transactions

Using a form provided by the commissioner, the applicant for a license as a public weighmaster shall furnish evidence that the applicant has the qualifications required by this part and regulations promulgated under this part. It shall be the responsibility of an individual to re…

(a) The commissioner will determine the qualifications of the applicant based on:(1) The information provided on the application; and(2) Supplementary information as determined by the commissioner. (1) The information provided on the application; and (2) Supplementary information…

(1) The commissioner will:(1) Grant licenses as public weighmasters to qualified applicants; and(2) Keep a record of all applications submitted and of all licenses issued. (1) Grant licenses as public weighmasters to qualified applicants; and (2) Keep a record of all applications…

The annual cost for a public weighmaster license shall be set by rule pursuant to § 43-1-703.

The commissioner shall reserve the right to limit or reject the application of any public weighmaster whose qualifications and/or past work record does not comply with those requirements outlined in this part or pursuant regulations.

The commissioner of agriculture shall promulgate rules to establish a legal and uniform standard of weights and measures for the sale and purchase of products of the farm, orchard, or garden and articles of merchandise. The rules must be promulgated in accordance with the Uniform…

(a) The commissioner shall establish a system of license renewals at alternative intervals throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and shall expire on the last day of the last month of the license period. Du…

Every stockyard, slaughterhouse, tobacco warehouse or loose floor, dairy products plant, cotton gin or compress, and agricultural grain or seed buying/receiving station which buys or sells commodities on a bulk basis shall have in its employ one or more public weighmasters. All l…

(a) The certificate, when properly completed and signed, shall be prima facie evidence of the accuracy of the measurements shown. (b) The design of and the information to be furnished on a weight certificate may be prescribed by the commissioner and will include, but not be limit…

(a) When completing a certificate, a public weighmaster shall:(1) Enter the measurement values to clearly show that the measurements were actually determined;(2) Enter only the measurement values personally determined; and(3) Not enter measurement values determined by other perso…

(a) Each public weighmaster shall, before entering upon such weighmaster's duties, make oath to execute faithfully such weighmaster's duties and file the same with the commissioner. (b) The issuance of a public weighmaster license shall not obligate the state to pay to the licens…

(1) A public weighmaster shall use measurement practices and equipment:(1) In accordance with the requirements of the latest edition of NIST Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices”;(2) Examined, tested, and ap…

(a) A public weighmaster shall not weigh a vehicle, or combination of vehicles, when part of the vehicle or connected combination, is not resting fully, completely, and as one (1) entire unit on the scale. (b) When weighing a combination of vehicles that will not rest fully, comp…

It is the duty of each public weighmaster to permit any interested party to read the indications on the weighing device or on an accurately projected image of the weight indicator when a commodity is weighed. In the event the public weighmaster fails or refuses to permit an inter…

A public weighmaster shall keep and preserve for a period of at least one (1) year a legible copy of each certificate issued by such weighmaster. The certificates shall be available for inspection by any weights and measures official of this state during normal office hours.

The commissioner is authorized to recognize and accept certificates issued by licensed public weighmasters of other states or federal agencies that recognize and accept certificates issued by public weighmasters of this state.

(1) The following persons shall be authorized, but are not required, to obtain licenses as public weighmasters:(1) A law enforcement or weights and measures official, or other qualified employee of a state, city, or county agency or institution when acting within the scope of suc…

(1) It is a prohibited act for any person:(1) Without a valid license to:(A) Assume the title of public weighmaster, or any title of similar import;(B) Perform the duties or acts to be performed by a public weighmaster;(C) Represent oneself to be a public weighmaster;(D) Issue an…

(1) The commissioner is authorized to suspend or revoke the license of any public weighmaster:(1) When, after a formal or informal hearing held following ten (10) days notice to the licensee, the commissioner is satisfied that the licensee has violated any provision of this part …

If the commissioner suspends or revokes a public weighmaster license, the revokee may appeal the decision through the appropriate court of law in Davidson County.

Any person who personally or through such person's servant or agent, or as the servant or agent of another person, commits any prohibited acts enumerated in this part or pursuant regulations or violates any other provision of this part commits a Class C misdemeanor.

The commissioner is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provision of this part.

Nothing in this part shall be construed as requiring the commissioner to report for the institution of proceedings under this part, minor violations of this part, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suita…

The commissioner may publish, from time to time as the commissioner deems appropriate, and may supply upon request, lists of licensed public weighmasters.

This part may be cited as “Serviceperson Registration.”

(1) As used in this part, unless the context otherwise requires:(1) “Commercial and law enforcement weighing and measuring device” is construed to include any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, exten…

Applicants must have available sufficient standards and equipment to adequately test devices as set forth in the “Notes” section of each applicable code in the most recent edition of NIST Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and …

(a) An individual or agency qualified by training or experience must apply for registration to service weighing or measuring devices only on an application form supplied by the commissioner. It shall be the individual's or agency's responsibility to request the application form p…

(a) The commissioner will review and check the qualifications of each applicant. The commissioner shall issue to the applicant a certificate of registration, including an assigned registration number if it is determined that the applicant is qualified. The certificate of registra…

A bearer of a Certificate of Registration has the authority to remove an official rejection tag or seal placed on a weighing or measuring device by the authority of the commissioner; place in service, until such time as an official examination can be made, a weighing or measuring…

(a) The commissioner shall furnish each registered serviceperson and registered service agency with a sample report form to be known as “Placed In Service Report.” Such form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by th…

A registered serviceperson and a registered service agency shall submit, at least biennially (every two (2) years) to the commissioner, for examination and certification, any standards and testing equipment that is used, or to be used, in the performance of the service and testin…

The commissioner is authorized to reject, remove from use, or seize weighing or measuring devices installed, serviced, repaired, or reconditioned by any licensed or unlicensed individual or agency for good cause which shall include, but not be limited to: taking of unfair advanta…

The annual cost to register a serviceperson shall be set by rule pursuant to § 43-1-703. For each service agency employing more than two (2) registered servicepersons, the annual fee shall be set by rule pursuant to § 43-1-703. The service agency registration fee shall not exempt…

The commissioner may enter into an informal reciprocal agreement with any other state or states with similar registration policies whereby the registered servicepersons and the registered service agencies of the party states are granted reciprocal authority of certification of st…

(a) The commissioner is authorized to suspend or revoke a certificate of registration for good cause, which includes, but is not limited to: taking of unfair advantage of an owner of a device; failure to have test equipment or standards certified; failure to use adequate testing …

If the commissioner suspends or revokes a serviceperson/service agency license, the revokee may appeal the decision through the appropriate court of law in Davidson County.

Any person who personally or through such person's servant or agent, or as the servant or agent of another person, commits any prohibited acts in this part or pursuant regulations or violates any other provision of this part commits a Class C misdemeanor.

The commissioner is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provision of this part.

Nothing in this part shall be construed as requiring the commissioner to report for the institution of proceedings under this part, minor violations of this part, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suita…

The commissioner is authorized to enforce this part and the commissioner may issue from time to time reasonable rules and regulations for the enforcement of this part, which shall have the force and effect of law. All rules and regulations under this part shall be promulgated by …

The commissioner may publish, from time to time as the commissioner deems appropriate, and may supply upon request, lists of registered servicepersons and registered service agencies.

(1) As used in this part, unless the context requires otherwise:(1) “Agricultural products” means any product of agriculture which is tested for moisture content when offered for sale, processing, or storage;(2) “Commissioner” means the commissioner of agriculture;(3) “Department…

The department shall inspect or cause to be inspected at least annually every moisture-measuring device used in commerce in this state, except those belonging to the United States or the state, or any subdivision of either, except as may be requested. The department may inspect o…

The commissioner is hereby charged with the enforcement of this part and is empowered to promulgate rules, regulations, specifications, standards, and tests as may be necessary in order to secure the efficient administration of this part. The department may from time to time publ…

(a) If an inspection or comparative test reveals that the moisture-measuring device being inspected or tested conforms to the standards and specifications established by the department, the department shall cause it to be marked with an appropriate seal. (b) Any moisture-measurin…