Title 62, Professions, Businesses and Trades

(a) All licenses or identification cards shall expire the last day of the twenty-fourth month from issuance or renewal. (b) Application for renewal of a collection service license shall be submitted to the board prior to the expiration date and shall be accompanied by:(1) A fee a…

(a) No license shall be transferable to another person. (b) Upon change of ownership of a collection service, the new owner shall apply for and obtain a new collection service license before commencing or continuing business.

(1) Each collection service licensee shall:(1) Keep and retain for a period of three (3) years accurate individual records of collections, including the amount and date of payment and the names of the debtor and creditor;(2) Issue, upon request, individual collection receipts, sh…

(a) (1) The board may, upon its own motion, or shall, upon the sworn complaint in writing of any person, investigate any collection service or licensee operating in the state.(2) The board shall transmit any such complaint to the accused licensee. The board may transmit any such …

(a) Upon the expiration or revocation of any license held under this chapter, the licensee shall:(1) Within ninety (90) days, return or assign all uncollected accounts to the licensee's clients or their order;(2) Not charge or receive any fee or compensation for the return or ass…

(a) A nonresident of this state who is regularly engaged in the collection business in another state may obtain a license as a collection service in this state by complying with this chapter; provided, that the nonresident applicant maintains a place of business in the other stat…

Any person who places an account with a collection service is responsible for determining that the service is licensed as required by this chapter.

Any financial information submitted by applicants for or holders of licenses pursuant to this chapter shall be treated as confidential and shall be used by the board only for the purpose of determining qualifications to engage in the collection service business.

(1) Nothing in this chapter shall be construed to permit:(1) The use or sale of forms that simulate legal forms so as to deceive a debtor or the general public;(2) The unauthorized practice of law; or(3) A collection agency to notify a credit bureau or credit agency concerning th…

(a) Any licensee may temporarily retire the licensee's license for a period of three (3) years by giving written notice of such intent and paying each year an annual retirement fee of ten dollars ($10.00) to the board. (b) Any license not activated within the three-year period be…

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.

A willful violation of this chapter or of any rule lawfully promulgated under this chapter is a Class C misdemeanor.

(a) A collection service, holding a valid license under this chapter, may bill, collect or file suit in its own name, as the real party in interest, on any form of indebtedness, so long as the owner or holder of the indebtedness has assigned this limited right to the collection s…

This chapter is known and may be cited as the “Tennessee Application of Pesticides Act of 1978.”

(1) As used in this chapter, unless the context otherwise requires:(1) “Adjuvant” means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, d…

(a) No person shall engage in business as a commercial pest control operator until the person has secured a charter from the department. (b) Any form of solicitation for pest control business or advertising is forbidden under this chapter unless the person has a charter issued in…

(a) A seven-member pest control advisory board is created and established. The board shall consist of the commissioner or the commissioner's designated representative, the director of the division of plant industries, a member of the staff of a university of this state, two (2) l…

The board shall advise the commissioner as to the promulgation of rules, categories of licenses, qualifications of applicants, and examinations for licenses.

(a) (1) Each person applying for or holding a charter shall have, for each office or branch office, a licensed commercial pest control operator for each category of service offered.(2) The technical service work of each office or branch office shall be under the direct supervisio…

(a) Each application for a charter must be accompanied by a corporate surety bond satisfactory to the commissioner and conditioned that the principal named therein shall honestly conduct the business in accordance with the pest control laws of this state and the rules and regulat…

Each application for a charter must be accompanied by evidence that the applicant holds occurrence liability insurance of two hundred fifty thousand dollars ($250,000) for a single occurrence of liability and five hundred thousand dollars ($500,000) aggregate liability for the an…

(a) A person chartered under this chapter shall list with the department the name, residence and address of each salesperson or agent who is authorized to solicit business or anyone authorized to enter into a pest control contract on behalf of the chartered person. A person liste…

(a) All persons chartered under this chapter shall be required to list with the department the names, residences and addresses of all employees, exclusive of clerical employees, who are engaged in the handling, transportation or application of pesticide chemicals. (b) Immediate n…

(a) The cost for a charter shall be set by rule pursuant to § 43-1-703. (b) The cost for a license shall be set by rule pursuant to § 43-1-703, applicable for each category in which a license is requested. (c) The cost for a registration of all nonclerical employees shall be set …

(a) The cost for an initial examination of a license applicant is established by rule pursuant to § 43-1-703 for each category in which examination is requested. (b) (1) When a license application has been examined and the applicant fails to meet the qualifications for licensure,…

(a) (1) Every chartered person shall enter into a written contract for any service rendered in the category of wood destroying organisms.(2) A separate contract must be given for each structure or building; provided, that an industrial complex or group of buildings may be covered…

To use, buy or sell a restricted use pesticide, an individual must be certified by the commissioner, hold a valid commercial pest control operator's license or hold an aerial applicator's license under § 43-8-301.

No person shall use a pesticide in a manner inconsistent with its labeling.

(a) It is illegal to store or transport any pesticide chemicals unless the containers for the chemicals are labeled to show the:(1) Name of the pesticide; and(2) Concentration of the pesticide. (1) Name of the pesticide; and (2) Concentration of the pesticide. (b) When pesticides…

(a) The commissioner has the power and duty to:(1) Administer this chapter;(2) Promulgate rules and regulations that are consistent with the requirements of the United States environmental protection agency implementing and supplementing this chapter and provide for its orderly a…

(a) (1) If the commissioner has reason to believe that any person has violated this chapter, including its rules, or has used economic poison in violation of the Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in title 43, chapter 8, parts 1 and 2, including its r…

(a) It is an offense for any person required by this chapter to be chartered or licensed to engage in commercial pest control activities to knowingly engage in commercial pest control activities without first obtaining the required charter or license. (b) Violation of subsection …

(a) The fees and taxes imposed by this chapter shall become delinquent on the last day of each succeeding month. (b) The commissioner is empowered and may act to collect delinquent fees and taxes as provided by §§ 67-6-516 — 67-6-518.

(a) Whether or not engaged in the business of applying pesticides, a person may not apply a pesticide within any of the following buildings, except under the direct supervision of a person licensed to apply pesticides in accordance with this chapter:(1) Any building used for the …

Notwithstanding any law, rule or regulation to the contrary, persons licensed in the category of wood destroying organisms shall not be required to file a monthly report to the department. A monthly report shall not be required to be filed whether any application of chemicals was…

(a) Except as provided in § 62-21-118(b) or § 43-8-115, no city, town, county or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation or statute regarding pesticide sale or use, including, but not limited to, registration, no…

(a) Notwithstanding any contrary law, the department or any division, board, commission or agency attached to the department may assess the actual and reasonable costs of the investigation, prosecution and hearing of any disciplinary action held in accordance with the contested c…

A person, company or corporation applying for a new charter in category 7 shall furnish a surety bond in the amount of fifty thousand dollars ($50,000) for the first three (3) years a person, company or corporation is in business. In the fourth year and subsequent years in busine…

Wood destroying insect infestation inspection reports, as defined in this chapter, issued in conjunction with the sale or transfer of any real property shall only be issued by a chartered pest control operator licensed or employing personnel licensed in the category of wood destr…

(a) A wood destroying insect infestation inspection report issued by a chartered pest control operator evidences the presence or absence of visible wood destroying insects and the presence or absence of visible damage caused by the insects noted on the day the inspection is made.…

Disputes which cannot be resolved between property owners, lenders, and/or trustees and persons issuing a wood destroying insect infestation inspection report may be resolved in a court of appropriate jurisdiction. Prior to filing a suit for compensatory damages, the issuer of th…

When the assets of a commercial pest control operation that issues wood destroying insect infestation inspection reports or performs other services relating to wood destroying organisms are sold or transferred or any servicing or financing rights are transferred, any contracts fo…

Any person issuing a wood destroying insect infestation inspection report who does not hold a valid commercial pest control charter and who is not licensed in the category of wood destroying organisms is in violation of this chapter and commits a Class A misdemeanor punishable on…

The commissioner has the authority, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to promulgate all necessary rules and regulations concerning this part.

(a) Every person, firm or corporation in the business of purchasing and selling antiques shall maintain a permanent ledger in which each item purchased exceeding the value of fifty dollars ($50.00) in the course of business shall be listed. (b) Each antique dealer shall, at the t…

This chapter is known and may be cited as the “Rental Location Agent Act of 1978.”