Tennessee § 62-9-101 - Chapter definitions.

§ 62-9-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires: “Commissioner” means the commissioner of commerce and insurance or the commissioner's designee or, in the event of the commissioner's or designee's absence or vacancy in the office of the commissioner, the deputy commissioner; “Department” means the department of commerce and insurance; “Licensed HVAC contractor” means a person holding a license from the state board for licensing contractors with a CMC, MC, CMC-C, or MC-C classification; “Person” means an individual, association, partnership, corporation, or any other legally cognizable organization or entity; “Scrap metal” means any ferrous or nonferrous metal that is no longer used for its original purpose and is capable of being processed for reuse by a metal recycling facility, including, but not limited to, iron, brass, wire, cable, copper, bronze, aluminum, platinum, lead, solder, steel, stainless steel, catalytic converters or other similar obsolete ferrous or nonferrous metals, but shall not include recyclable aluminum cans; and “Scrap metal dealer” means a person who buys, exchanges or deals in scrap metal or an employee or agent of that dealer who has the express or implied authority to buy, exchange or deal in scrap metal on behalf of the dealer. Acts 2008, ch. 690, § 1; 2012, ch. 969, § 3; 2017, ch. 414, § 1. Compiler's Notes. Former chapter 9, §§ 62-9-101 — 62-9-106 (Acts 1903, ch. 182, §§ 1-5; Shan., §§ 3608a100-3608a104; Code 1932, §§ 6751-6755; Acts 1953, ch. 42, § 1; 1968, ch. 602, §§ 1, 2; 1969, ch. 104, §§ 1-3; T.C.A. (orig. ed.), §§ 62-901 — 62-908; Acts 1989, ch. 591, § 113), concerning junk dealers, was repealed and reenacted by Acts 2008, ch. 690, §§ 1, 4, effective July 1, 2008. Acts 2012, ch. 969, § 8 provided that the commissioner of commerce and insurance is authorized to promulgate rules and regulations to effectuate the purposes of this act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Cross-References. Regulation of scrap jewelry and metal dealers, title 38, ch. 1, part 2. Burglary and related offenses, title 39, ch. 14, part 4. Criminal enhancement factors, § 40-35-114 . Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Junk Dealers, §§ 1, 2, 8. Attorney General Opinions. A person who buys gold or other precious metals in the form of used jewelry is not regulated by T.C.A. §§ 62-9-101 —62-9-113 but rather is governed by T.C.A. §§ 38-1-201 —38-1-205. Buyers and dealers of scrap jewelry and precious metals must register with the chief of police and sheriff of each county in which they conduct such activity pursuant to T.C.A. § 38-1-201(a) . OAG 12-98, 2012 Tenn. AG LEXIS 103 (10/29/12).