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Tennessee Code Title 62. Professions, Businesses and Trades § 62-6-118

Current as of January 02, 2024 | Updated by Findlaw Staff

(a)(1) Whenever any person, firm or corporation claims to have been damaged or injured by the gross negligence, incompetency, fraud, dishonest dealing or misconduct in the practice of contracting on the part of any person, firm or corporation licensed under this part files suit upon the claim in any of the courts of record in this state and recovers judgment on the claim, the court may, as a part of its decree or judgment in the case, revoke the certificate of license under which the contractor is operating at the time of the wrongdoing.

(2) The board shall revoke the license of any contractor, home improvement contractor or home improvement services provider upon receiving notification from the court in accordance with § 39-14-154(d) of such person's conviction for a violation of § 39-14-154.

(3) It is the duty of the clerk of the court to notify the executive director of the board of the revocation.

(b)(1) The board may reissue a license to any person, firm or corporation whose license has been revoked; provided, that a majority of the members of the board vote in favor of reissuance for reasons the board may deem sufficient.

(2) Notwithstanding subdivision (b)(1):

(A) If a person, firm or corporation's license was revoked based on a conviction for a violation of § 39-14-154, the board shall not reissue the license until the person, firm or corporation has served the entire term of the sentence imposed as a result of such violation; and

(B) If a person, firm or corporation's license was revoked based on a second or subsequent conviction for a violation of § 39-14-154, the board shall not reissue the license.

(c) The executive director shall immediately notify the secretary of state and the clerk of each county of any revocation of a license or the reissuance of a revoked license.

(d) The board has the power to revoke or suspend any license or renewal granted by it for any of the reasons stated in this section, for a failure to observe the terms and conditions of any license or renewal granted under this part or any bylaws, rules or regulations adopted or promulgated by it as provided in § 62-6-108 or for a violation of the terms of any license.

(e) The board shall, in all cases before hearing any charges against a contractor, furnish a written copy of the charges against the accused, including notice of the time and place where the charges will be heard, and give reasonable opportunity for the accused to be present and offer any evidence the accused may wish. The accused shall have the waivable right to an attorney if so desired.

(f) The affirmative vote of a majority of the board is necessary to revoke or suspend a license or renewal.

(g) The board may refuse to issue or renew a license to any person, firm or corporation for lack of financial stability, lack of expertise, submission of false evidence with regard to application of license or renewal, conviction of a felony and any other conduct that constitutes improper, fraudulent or dishonest dealing or violation of the statute.

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Cite this article: FindLaw.com - Tennessee Code Title 62. Professions, Businesses and Trades § 62-6-118 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-62-professions-businesses-and-trades/tn-code-sect-62-6-118/

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