(a) The commissioner may consider and grant special exemptions submitted in writing by the minor and the minor’s parents or guardian from this part if it is found that to do so would be in the best interest of the minor involved, and present no danger to the life, health or safety, or schooling of the minor.
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Terms Used In Tennessee Code 50-5-108

  • Commissioner: means the commissioner of labor and workforce development or the commissioner's designated representative. See Tennessee Code 50-5-102
  • Director of schools: means the director of schools, or the director's designee, in the county, city, town or special school district in which a minor seeking employment resides or is to be employed. See Tennessee Code 50-5-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Minor: means a person of either sex under eighteen (18) years of age, unless otherwise provided. See Tennessee Code 50-5-102
  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b)

(1) Before granting a special exemption, the commissioner shall investigate and determine from all pertinent data available that there is reasonable cause to believe that the exemption is in the best interests of the minor.
(2) If the commissioner finds that the minor is entitled to a special exemption, the commissioner will immediately report, in writing, the commissioner’s findings and reasons for granting the special exemption, to the director of schools in the county in which the minor resides.
(c) Failure by the commissioner to grant a special exemption within ten (10) days of submission shall be considered a refusal.
(d)

(1) When a special exemption has been refused, the commissioner shall, upon demand made within five (5) days after the refusal, furnish the minor and the minor’s parents or guardian with a written statement of the reasons for the refusal.
(2) This written statement shall be furnished by the commissioner within ten (10) days of the commissioner’s receipt of the demand by the minor and the minor’s parents or guardian.
(e)

(1) Within ten (10) days after the receipt of the statement by the commissioner, the minor and the minor’s parents or guardian may petition the court having jurisdiction over juvenile matters in the county in which the minor resides for an order directing the commissioner to grant a special exemption.
(2) The petition shall state the reasons why the court should issue an order, and the petitioner shall attach to the petition the statement of the commissioner obtained pursuant to subsection (d).
(f)

(1) The court shall hold a hearing and receive further testimony and evidence it deems necessary.
(2) If the court finds that the issuance or reissuance of a permit is in the best interest of the minor, it shall grant the petition.
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