Tennessee § 62-4-104 - Terms of board members — Oath — Removal.

§ 62-4-104. Terms of board members — Oath — Removal.

Except as provided in subsection (b), the terms of the members of the board shall be four (4) years. The entire membership of the board as comprised on June 30, 2014, shall be vacated on July 1, 2014, and new members shall be appointed in accordance with § 62-4-103. In order to stagger the terms of the newly appointed board members, the governor shall make initial appointments as follows: Three (3) persons shall be appointed for terms of one (1) year, which shall expire on June 30, 2015; Three (3) persons shall be appointed for terms of two (2) years, which shall expire on June 30, 2016; Four (4) persons shall be appointed for terms of three (3) years, which shall expire on June 30, 2017; and Four (4) persons shall be appointed for terms of four (4) years, which shall expire on June 30, 2018. Of the members initially appointed: The cosmetology school owner member, the manicurist member and the public member listed in § 62-4-103(b)(2)(K) shall serve terms of one (1) year; One (1) cosmetologist member, one (1) master barber member and the barber school owner member shall serve terms of two (2) years; One (1) cosmetologist member, one (1) master barber member, the cosmetology or barber shop owner member, and the cosmetology or barber instructor member shall serve terms of three (3) years; and The aesthetician member, the natural hair stylist member, one (1) cosmetologist member, and the public member listed in § 62-4-103(b)(2)(J) shall serve terms of four (4) years. Following the expiration of members' initial terms as prescribed in subdivision (b)(2), all four-year terms shall begin on July 1 and terminate on June 30, four (4) years thereafter. All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified. Members shall be eligible for reappointment to the board following the expiration of their terms but shall serve no more than two (2) consecutive four-year terms. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only. The governor may remove any member of the board for misconduct, incompetency, willful neglect of duty, or other just cause. Any member who is absent from more than two (2) board meetings within a one-year period shall be removed from the board and a new member shall be appointed to fill the remainder of the unexpired term. Prior to beginning their duties, each member of the board shall take and subscribe to the oath of office provided for state officers. Each member shall have been a bona fide resident of this state for a period of at least five (5) years immediately preceding the date of appointment. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. Acts 1986, ch. 817, § 4; 1988, ch. 902, § 20; 2014, ch. 964, § 5; 2015, ch. 402, § 15. Compiler's Notes. Former chapter 4, former §§ 62-4-101 — 62-4-127 (Acts 1939, ch. 29, §§ 1-8, 10-12, 17, 18; 1949, ch. 179, §§ 1, 2, 4-7, 9, 15; C. Supp. 1950, §§ 7139.1-7139.8, 7139.10-7139.12, 7139.16, 7139.17, 7139.21 (Williams, §§ 7139.16-7139.23, 7139.25-7139.27, 7139.29, 7139.33, 7139.39); Acts 1951, ch. 227, §§ 1-3, 6; 1959, ch. 298, §§ 1-4, 7, 8, 10, 11, 17; 1965, ch. 199, §§ 1, 3, 4, 14; 1972, ch. 603, § 1; 1972, ch. 808, §§ 1-3; 1973, ch. 367, § 1; 1975, ch. 104, §§ 3, 4; 1975, ch. 122, §§ 1-4, 7, 8; 1975, ch. 165, § 8; 1976, ch. 649, § 1; 1976, ch. 690, § 1; 1978, ch. 580, § 1; 1978, ch. 581, § 1; 1978, ch. 906, § 14; 1979, ch. 380, §§ 1, 3, 5; 1980, ch. 451, § 11; 1982, ch. 633, §§ 1, 3, 4-10, 12-23; 1984, ch. 521, §§ 1, 2; T.C.A. (orig. ed.), §§ 62-401 — 62-405, 62-408 — 62-411, 62-413 — 62-417, 62-422, 62-423, 62-428, 62-431, 62-432), concerning cosmetology, was repealed by Acts 1986, ch. 817, § 31. Acts 1986, ch. 817, § 31 provided that the rules promulgated under former §§ 62-4-101 — 62-4-127 prior to August 31, 1986, shall remain in effect as rules under this chapter until amended or repealed by the board. Any such rules that may conflict with a provision of this chapter shall be invalid; however, such invalidity shall not affect the validity of the remaining rules. All licenses and certificates of registration issued under former §§ 62-4-101 — 62-4-127 prior to August 31, 1936, shall remain in effect until they expire or are revoked or modified pursuant to this chapter. This chapter does not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before August 31, 1986. Acts 2015, ch. 402, § 34 provided that the board of cosmetology and barber examiners is authorized 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.