It is a prohibited act for any person:

(1) Without a valid license to:

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Terms Used In Tennessee Code 47-26-1021

  • Certificate: means that document or instrument issued by a public weighmaster containing information specified in §. See Tennessee Code 47-26-1002
  • Commissioner: means the commissioner of agriculture or the commissioner's duly appointed representative. See Tennessee Code 47-26-1002
  • Fraud: Intentional deception resulting in injury to another.
  • NIST: means the National Institute of Standards and Technology which is an agency of the United States department of commerce. See Tennessee Code 47-26-1002
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Public weighmaster: means any person who performs public weighing as defined. See Tennessee Code 47-26-1002
  • State: means the state of Tennessee. See Tennessee Code 47-26-1002
  • Vehicle: means any device (except railroad freight cars) in, upon, or by which any property, produce, commodity, or article is or may be transported or drawn. See Tennessee Code 47-26-1002
(A) Assume the title of public weighmaster, or any title of similar import;
(B) Perform the duties or acts to be performed by a public weighmaster;
(C) Represent oneself to be a public weighmaster;
(D) Issue any certificate, ticket, memorandum, or statement for which a fee is charged; or
(E) Engage in the full-time or part-time business of measuring for hire.
(2) To use or operate any device for certification purposes that does not meet, nor in a manner not in accordance with, the requirements of the latest edition of NIST Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices”;
(3) To falsify a certificate or to falsely certify any gross, tare, or net weight or measure required by this part to be on the certificate;
(4) To refuse without cause to weigh or measure any article or thing which it is the person’s duty to weigh or measure, or refuse to state in any certificate anything required to be therein;
(5) To hinder or obstruct in any way the commissioner or the commissioner’s authorized agent in the performance of the commissioner’s official duties under this part;
(6) To violate any provision of this part or any regulation promulgated under this part;
(7) To delegate such person’s authority to any person not licensed as a public weighmaster;
(8) To request a false certificate or to request a public weighmaster to weigh, measure, or count any vehicle, property, produce, commodity, or article falsely or incorrectly;
(9) To issue a certificate simulating the certificate in this part; or
(10) To use or have in such person’s possession a device which has been altered to facilitate fraud.
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