Tennessee § 4-3-1304 - Administration of regulatory boards — Notification of vacancy — Termination of regulatory board — Exemption from licensure requirements.

§ 4-3-1304. Administration of regulatory boards — Notification of vacancy — Termination of regulatory board — Exemption from licensure requirements.

Except as provided in § 68-115-103 relative to the Tennessee athletic commission, all state regulatory boards are attached to the division of regulatory boards, which is authorized to administer all the administrative functions and duties of the regulatory boards, except those discretionary regulatory duties and powers vested by law in the board members. The regulatory boards attached to the division are as follows: Auctioneer commission; Board for licensing general contractors; Board of accountancy; Board of court reporting; Board of examiners for architects and engineers; Board of examiners for land surveyors; Board of funeral directors and embalmers; Commission on firefighting personnel standards and education; Motor vehicle commission; Personnel recruiting services board; Private investigation and polygraph commission; Real estate commission; State board of cosmetology and barber examiners; and All other boards, commissions and agencies created to regulate professions, vocations and avocations in this state, except that there shall not be included the Tennessee athletic commission, the board of healing arts, the board for licensing hospitals, the stream pollution control board, the pest control board, the board of examiners for registered professional sanitarians, the board of examiners of miners or the board of law examiners. Each regulatory board incurring a vacancy shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the state regulatory boards attached to the division of regulatory boards shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and such board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, such board shall report to the house of representatives and senate government operations committees why such vacancies have not been filled. If more than one-half (½) of the positions on any state regulatory board are vacant for more than one hundred eighty (180) consecutive days, such state regulatory board shall terminate; provided, that such board shall wind up its affairs pursuant to § 4-29-112. If a state regulatory board is terminated pursuant to this subsection (c) it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or re-establishing a state regulatory board. As used in this subsection (d): “License” means a permit, approval, registration, or certificate issued by a state agency and held by an individual person. The term “license” as used in this subsection (d) excludes licenses issued to business entities, firms, physical locations, and supervisory personnel; “Member of the armed forces” means a member of the United States armed forces or a member of a reserve or Tennessee national guard unit who is in, or was called into, active service or active military service of the United States, as defined in § 58-1-102; and “State agency” means a state board, agency, commission, or any other entity attached to the division of regulatory boards, as listed in subsection (a). Notwithstanding any other exemption from licensure requirements, the following persons may engage in the practice of an occupation or profession regulated by a state agency under titles 16, 46, 55, 62, and 68 without being licensed pursuant to that title: A member of the armed forces while the person is stationed within this state if: The person holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure; The license is current and the person is in good standing in the state or jurisdiction of licensure; The person agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and The person provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice; and The spouse of a member of the armed forces while the member is stationed in this state if: The spouse holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure; The license is current and the spouse is in good standing in the state or jurisdiction of licensure; The spouse agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and The spouse provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice. A person who holds a valid license to practice an occupation or profession in another state or jurisdiction and practices in this state pursuant to this subsection (d) must apply for the license in this state either prior to its expiration in the other state or jurisdiction or within one (1) year of the date the person began practicing in this state, whichever occurs first. The commissioner and each regulatory board shall, upon application for certification or licensure, accept military education, training, or experience completed by a person toward the qualifications to receive a license or certification if such education, training, or experience is determined by the commissioner or board to be substantially equivalent to the standards of this state. Notwithstanding any other law to the contrary, the license, certification or permit issued by a board, commission or agency attached to the division of regulatory boards of any member of the national guard or a reserve component of the armed forces of the United States called to active duty that expires during the period of activation shall be eligible to be renewed upon the licensee being released from active duty without: Payment of late fees or other penalties; Obtaining continuing education credits when: Circumstances associated with the person's military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the appropriate regulatory board; or The person performs the licensed or certified occupation as part of such person's military duties and provides documentation to the appropriate regulatory board; or Performing any other act typically required for the renewal of the license or certification. The license, certification or permit shall be eligible for renewal pursuant to subdivision (f)(1) for six (6) months from the person's release from active duty. Any person described in subdivision (f)(1) shall provide the regulatory board which issued the license, permit or certification such supporting documentation evidencing activation as may be required by the regulatory board prior to the renewal of any license pursuant to this subsection (f). Acts 1959, ch. 9, § 15; impl. am. Acts 1967, ch. 110, § 3; impl. am. Acts 1967, ch. 184, § 1; impl. am. Acts 1967, ch. 335, § 4; impl. am. Acts 1967, ch. 207, § 3; Acts 1971, ch. 81, § 1; 1971, ch. 137, § 3; 1976, ch. 623, § 1; 1976, ch. 706, § 4; impl. am. Acts 1978, ch. 844, § 4; Acts 1978, ch. 906, § 4; 1978, ch. 924, § 1; 1979, ch. 28, § 4; T.C.A., § 4-315; Acts 1981, ch. 489, § 2; 1984, ch. 865, § 22; 1999, ch. 252, § 8(b); 2000, ch. 835, § 1; 2007, ch. 407, § 1; 2008, ch. 1149, §§ 4, 5; 2011, ch. 230, § 2; 2013, ch. 122, §§ 2, 4, 6; 2014, ch. 964, § 1; 2015, ch. 355, § 1; 2019, ch. 195, § 1. Compiler's Notes. Acts 2000, ch. 835, § 7, provided that this act shall not change any procedure, manner, or time that members of the Tennessee motor vehicle commission who are selected from a list of qualified persons submitted by motor vehicle manufacturers licensed in Tennessee or their consumer replacements are appointed pursuant to § 55-17-103 . Acts 2013, ch. 122, § 7 provided that each entity subject to the act shall promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Notwithstanding § 4-5-208 , each entity subject to the act is authorized to promulgate emergency rules to implement the act. Acts 2015, ch. 355, § 3 provided that all records of the Tennessee Board of Court Reporting in the possession of the Administrative Office of the Courts on July 1, 2015, shall be transferred to and remain in the custody of the Division of Regulatory Boards in the Department of Commerce and Insurance. Acts 2015, ch. 355, § 4 provided The Tennessee Board of Court Reporting is directed to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in Title 4, Chapter 5. For the Preamble the act concerning transfer of administration of the Tennessee Board of Court Reporting to the Division of Regulatory Boards in the Department of Commerce, see Acts 2015, ch. 355. Acts 2019, ch. 195, § 3 provided that the commissioner of commerce and insurance and the commissioner of health shall promulgate rules to effectuate the purposes of this act. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2019, ch. 195, § 4 provided that the act, which amended this section, shall apply to all persons who make application for an exemption from licensure under the act. Amendments. The 2015 amendment added current (a)(4) and redesignated (a)(4)-(a)(13) as (a)(5)-(a)(14). The 2019 amendment, rewrote (d) which read, “(d)(1) Notwithstanding any other law to the contrary, each board attached to the division of regulatory boards shall establish a procedure to expedite the issuance of a license, certification or permit to perform services regulated by each such board to a person:“(A)(i) Who is certified or licensed in another state to perform services in a state other than Tennessee;“(ii) Whose spouse is a member of the armed forces of the United States;“(iii) Whose spouse is the subject of a military transfer to this state; and“(iv) Who left employment to accompany the person's spouse to this state; or“(B)(i) Who, as a member of the armed forces of the United States, carries a current license or certification in another state to perform substantially similar services in a state other than Tennessee; and“(ii) Who applies for a license in Tennessee within one hundred eighty (180) days of:“(a ) Retiring from the armed forces of the United States;“(b ) Receiving any discharge other than a dishonorable discharge from the armed forces of the United States; or“(c ) Being released from active duty into a reserve component of the armed forces of the United States.“(2) The procedure shall include:“(A) Issuing the person a license, certificate or permit if in the opinion of the board, the requirements for certification or licensure of such other state are substantially equivalent to that required in this state; or“(B) Developing a method to authorize the person to perform services regulated by the board in this state by issuing the person a temporary permit for a limited period of time to allow the person to perform services while completing any specific requirements that may be required in this state that were not required in the state in which the person was licensed or certified.”; in (e), deleted “described in subdivisions (d)(1)(B)(ii)(a)-(c)” following “person” and substituted “a license” for “the license” in the middle of (e). Effective Dates. Acts 2015, ch. 355, § 5. July 1, 2015. Acts 2019, ch. 195, § 4. July 1, 2019. Cross-References. Division of regulatory boards, title 56, ch. 1, part 3. Attorney General Opinions. Applicability to terminated board or commission, OAG 98-045, 1998 Tenn. AG LEXIS 45 (2/17/98). T.C.A. § 62-1-105 gives the board of accountancy the sole authority to hire and terminate its executive director and any other member of its staff requiring professional qualifications, OAG 04-060, 2004 Tenn. AG LEXIS 58 (4/08/04).