4-3-1304 - Administration of regulatory boards Notification of vacancy Termination of regulatory board.
4-3-1304. Administration of regulatory boards Notification of vacancy Termination of regulatory board.
(a) 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:
(1) Auctioneer commission;
(2) Board for licensing general contractors;
(3) Board of accountancy;
(4) Board of barber examiners;
(5) Board of cosmetology;
(6) Board of examiners for architects and engineers;
(7) Board of examiners for land surveyors;
(8) Board of funeral directors and embalmers;
(9) [Deleted by 2007 amendment.]
(10) Commission on firefighting personnel standards and education;
(11) Motor vehicle commission;
(12) Personnel recruiting services board;
(13) Private investigation and polygraph commission;
(14) Real estate commission; and
(15) 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.
(b) 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 and senate government operations committees why such vacancies have not been filled.
(c) 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.
[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.]