(a)

lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 62-43-103

  • Department: means the department of commerce and insurance. See Tennessee Code 62-43-102
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Quorum: The number of legislators that must be present to do business.
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) The department may promulgate rules and prescribe forms reasonably necessary for the administration and enforcement of §§ 62-43-106, 62-43-107 and 62-43-112.
(2) Rules shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended.
(b)

(1) The professional employer organization advisory council is created and shall consist of five (5) members to be appointed by the governor to four (4) year terms. A term shall become effective on appointment and continue until a successor has been appointed. A vacancy shall be filled by appointment to the unexpired term by the governor.
(2)

(A) Three (3) members of the council shall be individuals owning or working for a professional employer organization.
(B) The remaining two (2) members shall:

(i) Be residents of this state; and
(ii) Not be, or ever have been, connected with a professional employer organization.
(C) Among the members described in subdivision (b)(2)(B):

(i) One (1) such member shall represent the consumer interests of this state; and
(ii) One (1) such member shall be a representative of the department.
(3) The council shall elect a chair and other officers to a term of one (1) year or until a successor is elected. Meetings may be called by the chair or by any two (2) members. A meeting may be held by electronic means. Three (3) members shall constitute a quorum to conduct business. Whenever vacancies prevent a quorum, the remaining members shall constitute a quorum for the purposes of recommending to the governor appointments to the council.
(4) Members shall serve without compensation.
(5) The following are the powers and duties of the council:

(A) Determine its rules of order and procedure;
(B) Recommending to the governor appointments to the council;
(C) Send notice of its agenda and proceedings to any requesting person;
(D) Petition the department, pursuant to § 4-5-201 and as amended; and
(E) Advise the department on this chapter.
(6)

(A) The council is attached to the department for the purposes of administration and cooperation.
(B) The department shall notify the council of any action pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended, relating to a rule promulgated pursuant to this chapter.
(C) Any nonprofit organization representing five (5) or more professional employer organizations registered in this state may recommend appointments to the council.
  Previous section
Next section  
 Chapter 43 Contents