(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 62-9-102

  • Commissioner: means the commissioner of commerce and insurance or the commissioner's designee or, in the event of the commissioner's or designee's absence or vacancy in the office of the commissioner, the deputy commissioner. See Tennessee Code 62-9-101
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the department of commerce and insurance. See Tennessee Code 62-9-101
  • Scrap metal: means any ferrous or nonferrous metal that is no longer used for its original purpose and is capable of being processed for reuse by a metal recycling facility, including, but not limited to, iron, brass, wire, cable, copper, bronze, aluminum, platinum, lead, solder, steel, stainless steel, catalytic converters or other similar obsolete ferrous or nonferrous metals, but shall not include recyclable aluminum cans. See Tennessee Code 62-9-101
  • Scrap metal dealer: means a person who buys, exchanges or deals in scrap metal or an employee or agent of that dealer who has the express or implied authority to buy, exchange or deal in scrap metal on behalf of the dealer. See Tennessee Code 62-9-101
  • 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
(1) Except as provided in subsection (f), no dealer shall purchase, deal, or otherwise engage in the scrap metal business unless the dealer is registered with the department.
(2) Any registration under this chapter expires two (2) years from the date of the registration or the renewal of the registration.
(3) The commissioner may promulgate and adopt rules that are reasonably necessary to carry out this chapter. The commissioner shall establish registration and renewal fees that are adequate to cover the administrative costs associated with the registration program.
(b) Included on each registration and renewal form must be a section in which the registrant declares, under penalty of perjury pursuant to § 39-16-702(a)(3), whether the registrant has ever been convicted of a violation of this chapter or convicted of the criminal offense of theft, burglary or vandalism, where the offense involves scrap metal. If the registrant is a legally cognizable organization or entity, convictions of theft, burglary or vandalism, where the offense involves scrap metal, by any member, as defined in title 48, of the organization or entity must be disclosed on the application. Convictions of theft, burglary or vandalism, where the offense involves scrap metal, by members of organizations or entities constitute convictions by the registrant for purposes of subsection (c).
(c) A registrant who has been convicted of a violation of this chapter or has a conviction for the criminal offense of theft, burglary or vandalism, where the offense involves scrap metal, is prohibited from registering under this chapter for five (5) years from the date of conviction.
(d) Notwithstanding any law to the contrary, a registration issued pursuant to this chapter does not expire immediately upon the death of the registrant. The registration continues to be effective for the locations designated in the registration for a period of at least sixty (60) days after the death of the registrant. The sixty-day period may be extended by the commissioner for good cause.
(e) Notwithstanding any law to the contrary, a registration issued pursuant to this chapter expires upon notification to the department that the registrant is no longer in business at the registered location.
(f) Notwithstanding subsection (a):

(1) Nothing in this chapter requires an employee of a registered scrap metal dealer to secure a registration under this chapter as long as the employee remains an employee of the registered scrap metal dealer; and
(2) Nothing in this chapter prohibits a registered scrap metal dealer from employing another registered scrap metal dealer.
(g) This chapter does not require a registered scrap metal dealer to separately register a scrap metal business. However, upon a scrap metal dealer’s registration and subsequent renewals of registration, a scrap metal dealer shall list each place of business within this state with reference to its specific location.
(h) Registrations under this chapter are subject to late renewal for a period of sixty (60) days following their expiration date. The fee for a late renewal equals the fee for a timely renewal plus a penalty as set by the commissioner.
  Previous section
Next section  
 Chapter 9 Contents