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Tennessee Auctioneer Commission
Notification of Statutory Changes
Pursuant to T.C.A. § 4-3-1306(d), you are receiving this notice because you have elected to receive notification by e-mail of certain changes or potential changes to the law applicable to your profession. As such, the Department would notify you of the following Public Chapters that were passed during this legislative session and their effective dates:
Bill Number: SB2465/HB2248
Public Chapter: PC0793 - http://publications.tnsosfiles.com/acts/110/pub/pc0793.pdf
Synopsis: The Fresh Start Act requires that certain state departments, boards, commissions, or agencies (collectively “agencies”) not deny an application for a license, certificate, or registration (collectively “licenses”) or refuse to renew a license due to a prior criminal conviction unless the conviction directly relates to the applicable profession. This Act sets out notification requirements for the agencies that intend to use a conviction as the basis for a denial of licensure, factors that must be considered in determining whether to deny or refuse to renew the license on the basis of a criminal conviction, sets out that certain crimes create a rebuttable presumption of being related to a profession, provides information that must be contained in the notice of determination by the agency, and provides that a decision under the Act may be appealed to Davidson County Chancery Court within thirty (30) business days of receipt of the notice of a denial or refusal to renew. A potential applicant may also request a pre-application determination from the agency as to if a conviction will prevent the person from becoming licensed.
Effective Date: July 1, 2018
Bill Number: SB2461/HB1799
Public Chapter: PC0745 - http://publications.tnsosfiles.com/acts/110/pub/pc0745.pdf
Synopsis: This companion bill to the Fresh Start Act sets out that certain disciplinary actions by the Tennessee Auctioneer Commission are subject to the factors and appeal process as set out in the Fresh Start Act (above) and may also only be taken if the commission determines that the criminal conviction directly relates to the applicable profession.
Effective Date: July 1, 2018
Bill Number SB1555/HB1633
Public Chapter: PC0534 - http://publications.tnsosfiles.com/acts/110/pub/pc0534.pdf
Synopsis: This Act extends the Tennessee Auctioneer Commission for six (6) years to June 30, 2024.
Effective Date: March 7, 2018
Bill Number SB2081/HB2036
Public Chapter: PC0941 - http://publications.tnsosfiles.com/acts/110/pub/pc0941.pdf
Synopsis: This Act creates a Tennessee Task Force on Auction Law Modernization. This task force will conduct a comprehensive review of the auction laws and rules in Tennessee and recommend changes and updates to the Tennessee Legislature. This task force will be comprised of thirteen (13) members that will meet at least four (4) times prior to December 31, 2018.
Effective Date: May 15, 2018
Bill Number SB2603/HB2386
Public Chapter: PC1021 - http://publications.tnsosfiles.com/acts/110/pub/pc1021.pdf
Synopsis: This Act sets out that the venue for appeals of contested case hearings, except for hearings involving TennCare appeals, shall be in the chancery court nearest to the place of residence of the person contesting the agency action or alternatively, at the person's discretion, in the chancery court nearest to the place where the cause of action arose, or in the chancery court of Davidson County.
Effective Date: July 1, 2018
Bill Number SB1573/HB2437
Public Chapter: PC0519 - http://publications.tnsosfiles.com/acts/110/pub/pc0611.pdf
Synopsis: This Act requires all agencies holding a public rulemaking hearing to make copies of the proposed changes available in “redline” format.
Effective Date: July 1, 2018
If you have any questions or concerns about this new rule, please contact Sarah Mathews at Sarah.Mathews@tn.gov or 615-741-3072.
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