2021 Tennessee Code
Title 8 - Public Officers and Employees

§ 8-1-111. Appointment of Senior Citizens and Racial Minorities to Governing or Advisory Entities of the Executive Branch - In appointing citizens to serve on boards, commissions, committees, and...

Part 2 - Transition Act of 1970

§ 8-1-201. Short Title - This part shall be known and may be cited as...

§ 8-1-202. Governor-Elect — Office Facilities and Staff - The governor-elect, in order to facilitate the transition period between...

§ 8-1-203. Interim Office Space — Appointees of Cabinet Level Rank - Any state official of cabinet level rank appointed by a...

§ 8-1-204. Immediate Past Governor — Office Space - For a period of thirty (30) days following the inauguration...

Chapter 2 - Lieutenant Governor

§ 8-2-101. Office Created — Succession to Governorship - There is hereby created the state office of lieutenant governor....

§ 8-2-102. Speaker of Senate to Be Lieutenant Governor - As provided by the Constitution of Tennessee, the speaker of...

Chapter 3 - Secretary of State

Part 1 - General Provisions

§ 8-3-101. Election — Term of Office - A secretary of state shall be elected by joint vote...

§ 8-3-103. Oath of Office - The secretary of state shall also take an oath to...

§ 8-3-104. Duties - It is the duty of the secretary of state to:...

§ 8-3-107. Powers and Duties of Assistant Secretary - Such person appointed or elected as assistant secretary of state...

Part 2 - Ascertaining Action on Local or Private Acts

§ 8-3-201. Private or Local Acts — Transmission to Local Body or Agency for Approval - It is the duty of the secretary of state to...

§ 8-3-203. Secretary of State to Ascertain Result of Local Action on Private or Local Act - It is the duty of the secretary of state to...

§ 8-3-204. Local Action on Private or Local Act to Be Indicated in Published Acts - The secretary of state shall indicate, in the published volumes...

§ 8-3-205. Notification Requirements of the Secretary of State - The notification requirements of the secretary of state pursuant to...

Chapter 4 - Comptroller of the Treasury

Part 1 - General Provisions

§ 8-4-101. Election — Term of Office - There shall be a comptroller of the treasury, who shall...

§ 8-4-102. Examination of Incumbent's Accounts - Previous to the convening of each biennial general assembly, the...

§ 8-4-104. Oath of Office - The comptroller of the treasury shall take an oath, before...

§ 8-4-105. Location of Office - The office of the comptroller of the treasury shall be...

§ 8-4-106. Seal - The comptroller of the treasury shall keep a seal, with...

§ 8-4-107. Interest in Transactions Prohibited - The comptroller of the treasury shall not have any financial...

§ 8-4-108. Duties Generally - Code 1858, § 207 (deriv. Acts 1835-1836, ch. 12, §§...

§ 8-4-111. Methods of Accounting - The comptroller of the treasury has the authority to require...

§ 8-4-113. Guidelines for Compliance With Financial Integrity Act - The comptroller of the treasury shall consult with the commissioner...

§ 8-4-114. Investigation of Fraud Relating to Qualification for Government Set-Aside Program - The comptroller of the treasury shall investigate any complaint brought...

§ 8-4-117. Determination of State and Local Expenditures for Indigent Care and Available Federal Resources - The comptroller of the treasury is directed to determine all...

Part 2 - Hearings and Investigations

§ 8-4-201. Power to Require Testimony and Administer Oaths - The comptroller of the treasury, in performing any of the...

§ 8-4-202. Power to Subpoena - For these purposes, the comptroller of the treasury is empowered...

§ 8-4-203. Service of Subpoena - Service of such subpoena shall be had by a designated...

§ 8-4-204. Failure of Witness to Appear — Penalty - Failure of any witness so subpoenaed to attend shall be...

§ 8-4-205. Witness Refusing to Testify — Penalty - Any witness who appears as ordered, but upon appearance refuses...

§ 8-4-206. Witness' Traveling Expenses — Reimbursement — Pay - Any witness so subpoenaed shall be reimbursed necessary traveling expenses...

§ 8-4-207. Investigations — Request of Aid From Other State Agencies - The comptroller of the treasury may, whenever deeming such aid...

§ 8-4-208. Cooperation of State Agencies in Investigations - Unless good and sufficient reason can be shown why the...

§ 8-4-209. Investigation of Allegation of Felony Involving Private Fund - The comptroller of the treasury, in its discretion, may investigate...

Part 3 - Disability of Comptroller of the Treasury — Assistant Comptroller of the Treasury

§ 8-4-301. Vacancy in Office - If the comptroller of the treasury dies, resigns, or is,...

§ 8-4-304. Powers and Duties of Assistant Comptroller of the Treasury - Such person appointed or elected as assistant comptroller of the...

Part 4 - Advocacy for Honest and Appropriate Government Spending Act

§ 8-4-401. Short Title - This part shall be known and may be cited as...

§ 8-4-402. Part Definitions - As used in this part, unless the context otherwise requires:

§ 8-4-403. Toll-Free Telephonic and Web-Based Hotline - The office of the comptroller of the treasury shall establish,...

§ 8-4-404. Display of Sign Concerning Toll-Free Hotline - NOTICE:THIS AGENCY IS A RECIPIENT OF TAXPAYER FUNDING. IF YOU...

§ 8-4-405. Educating Citizens and Public Employees on Reporting Allegations of Fraud, Waste or Abuse of Public Funds and the Responsibility of Comptroller to Review Allegations - Through press releases, public service announcements, or other appropriate public...

§ 8-4-408. Procurement and Distribution of Hotline Signs - The office of the comptroller of the treasury shall procure...

Part 5 - Local Government Instances of Fraud Reporting Act

§ 8-4-501. Short Title - This part shall be known and may be cited as...

§ 8-4-502. Part Definitions - As used in this part, unless the context otherwise requires:

§ 8-4-505. Confidentiality - The detailed information received and generated pursuant to this part...

Part 6 - Office of Open Records Counsel -

Part 7 - Small Business Advocate

§ 8-4-701. “Small Business” Defined - For purposes of this part, “small business” means a business...

§ 8-4-704. Duties of Advocate - The small business advocate shall:

§ 8-4-705. Annual Report to General Assembly on Enforcement Activities - The small business advocate shall report annually to the commerce...

§ 8-4-706. Annual Report on Advocate's Activities, Findings and Recommendations - The small business advocate shall annually prepare a report on...

§ 8-4-707. Publication of Contact Information - The contact information for the small business advocate shall be...

Chapter 5 - State Treasurer

Part 1 - General Provisions

§ 8-5-101. Election — Term of Office - There shall be a state treasurer, who shall be elected...

§ 8-5-102. Audit of Incumbent's Accounts - Previous to the convening of each biennial general assembly, the...

§ 8-5-104. Oath of Office - The state treasurer shall take an oath before a judge...

§ 8-5-105. Office — Duties - The state treasurer shall keep office in the room assigned...

§ 8-5-106. Accounts of Receipts and Disbursements - The state treasurer shall keep in a book or books,...

§ 8-5-107. General Ledger - The state treasurer shall keep a general ledger of accounts,...

§ 8-5-108. Accounts With Banks - The state treasurer shall keep accounts in the books of...

§ 8-5-109. General Account - The state treasurer shall, moreover, keep a general account, which...

§ 8-5-111. Biennial Statement - The state treasurer shall exhibit to the governor, at least...

§ 8-5-112. Misappropriation of Funds - If the state treasurer diverts, misapplies, or fails to pay...

Part 2 - Disability of State Treasurer—additional State Treasurer

§ 8-5-201. Vacancy in Office - Whenever the office of state treasurer becomes vacant, by death,...

Chapter 6 - Attorney General and Reporter—legal Department

Part 1 - General Provisions

§ 8-6-101. Appointment and Qualification — Term of Office - The attorney general and reporter for the state is appointed...

§ 8-6-102. Legal Department — Offices - There is created a legal department of the state, of...

§ 8-6-103. Assistants and Other Personnel - The attorney general and reporter, consistent with budgetary limitations, is...

§ 8-6-104. Salaries - The attorney general and reporter shall receive the same salary...

§ 8-6-105. Expenses - The attorney general and reporter and all of the assistants...

§ 8-6-107. Restrictions — Misdemeanors in Office - The attorney general and reporter and assistants shall be under...

§ 8-6-108. Criminal Defense in Lower Courts - It is a Class C misdemeanor for the attorney general...

§ 8-6-109. Duties - Code 1858, § 3952 (deriv. Acts 1835-1836, ch. 51, §...

§ 8-6-110. Appearance in Federal Courts - The attorney general and reporter shall attend in person, or...

§ 8-6-111. Special Personnel for Expedition of Post-Conviction Proceedings in Capital Cases - The attorney general and reporter is authorized to employ, reassign,...

Part 2 - Reports and Opinions

§ 8-6-201. Delivery of Supreme Court Opinions — Time of Publication - The clerks of the supreme court shall have the opinions...

§ 8-6-203. Preparation of Reports - The attorney general and reporter shall prepare the case, and...

§ 8-6-204. Printing of Reports — Copyright - The attorney general and reporter has the right to select...

§ 8-6-206. Reports — Number Printed — Distribution - The attorney general and reporter shall have printed and bound,...

Part 3 - Coordination With Other State Agencies and Attorneys

§ 8-6-302. Permission for Department or Agency Attorneys to Represent State - The attorney general and reporter, exercising discretion and with the...

§ 8-6-303. Actions Instituted by District Attorneys General Excepted - This part is not to be construed as requiring the...

Part 4 - Investigative Authority

§ 8-6-401. Authority to Give Oaths and Require Testimony - The attorney general and reporter, in performing the duties of...

§ 8-6-403. Service of Investigative Demand - Service of such civil investigative demand shall be had by...

§ 8-6-404. Failure to Comply With Investigative Demand - Failure of any witness to comply with the terms of...

§ 8-6-405. Penalty for Failure to Testify When Served With Investigative Demand - Any witness who appears as directed by the civil investigative...

§ 8-6-406. Witness Fees and Mileage on Investigative Demands - Any witness served with a civil investigative demand shall be...

§ 8-6-407. Confidentiality of Writings, Records or Tangible Objects Obtained by Attorney General - All testimony, books, documents, or other writings, records or tangible...

Chapter 7 - District Attorneys General

Part 1 - General Provisions

§ 8-7-101. Districts - Each judicial district shall constitute a district attorney general's district....

§ 8-7-102. Election - The district attorneys general for the judicial districts are elected...

§ 8-7-103. Duties - Each district attorney general: Code 1858, § 3961 (deriv. Acts...

§ 8-7-104. Practice of Law Prohibited - District attorneys general are prohibited from engaging in the practice...

§ 8-7-106. District Attorney General Pro Tem — Attorney Acting for District Attorney General - Code 1858, §§ 3962, 3963 (deriv. Acts 1835-1836, ch. 28,...

§ 8-7-107. Filling of Vacancy - A vacancy in the office of district attorney general shall...

§ 8-7-110. Assignment of Law Enforcement Officers to Drug Task Forces — Officers' Powers, Duties and Immunities - then it shall be conclusively deemed that the individual was...

§ 8-7-111. Special Personnel for Expedition of Post-Conviction Proceedings in Capital Cases - The district attorney general is authorized to employ, reassign, or...

§ 8-7-112. Authorization to Prosecute County Ordinance Violations - District attorneys general with responsibility for prosecuting offenses in counties...

Part 2 - Criminal Investigators and Assistant District Attorneys General—compensation

§ 8-7-201. Salaries of Criminal Investigators and Assistant District Attorneys General - Entry level $34,128 after five (5) years 35,832 after ten...

§ 8-7-203. Calculation of Mileage for Assistant District Attorneys General and Criminal Investigators - Traveling expenses under this part shall be calculated on the...

§ 8-7-204. Reimbursement of Assistant District Attorneys General and Criminal Investigators - Any person seeking reimbursement for official expenses under this part...

§ 8-7-205. County Payments to Assistant District Attorneys General and Criminal Investigators Unaffected - This part shall not affect any salaries and compensation paid...

§ 8-7-226. Salaries of Assistant District Attorneys General - Entry level $ 49,080 after one (1) year 52,164 after...

§ 8-7-227. Prior Service Credits for Assistant District Attorneys General - The executive director of the Tennessee district attorneys general conference...

§ 8-7-228. Annual Salary Increases for Assistant District Attorneys General - On July 1, 1995, and each subsequent July 1, the...

§ 8-7-229. Assistant District Attorneys General Employed on July 1, 1994 - Sections 8-7-225 — 8-7-235 shall have no effect or application...

§ 8-7-230. Salaries of Criminal Investigators - Entry level $ 33,852 after two (2) years 36,924 after...

§ 8-7-232. Salary Increases for Criminal Investigators - On July 1, 1995, and each subsequent July 1, the...

§ 8-7-233. Criminal Investigators Employed on July 1, 1994 - Sections 8-7-225 — 8-7-235 shall have no effect or application...

§ 8-7-234. Attorneys Serving as Criminal Investigators - Notwithstanding §§ 8-7-230 and 8-7-231, if a district attorney general...

§ 8-7-235. Attorneys Employed as Criminal Investigators on July 1, 1994 - No salary or level of compensation shall be reduced by...

§ 8-7-236. Computation of Annual Salary Increases Appropriated to State Employees - For purposes of this chapter, in computing annual salary increases...

Part 3 - District Attorneys General Conference

§ 8-7-301. District Attorneys General Conference Created - There is hereby created a district attorneys general conference for...

§ 8-7-302. Meetings of Conference — Matters to Be Considered — Purpose - The conference shall meet annually and at other times as...

§ 8-7-303. Consideration of More Effective Suppression of Crime — Committees for Drafting Proposed Legislation - It is the duty of the conference to give consideration...

§ 8-7-304. Calling of Meetings — Notice — Election of Officers - The president of the conference may call meetings at will,...

§ 8-7-305. Duty of Members to Attend Meetings - It is the official duty of each member of the...

§ 8-7-306. Reimbursement for Expenses - Every member whose salary is paid in whole or in...

§ 8-7-307. Office of Executive Director of the District Attorneys General Conference Created — Purpose - There is created the office of executive director of the...

§ 8-7-310. Duties of Executive Director - The executive director of the district attorneys general conference shall...

§ 8-7-312. Office Facilities - The executive director of the district attorneys general conference shall...

§ 8-7-313. Executive Director — Retirement - The executive director of the district attorneys general conference shall...

§ 8-7-315. Budget Submitted to General Assembly - Each year's budget for the operation of the office of...

Part 4 - Private Co-Counsel for Crime Victims -

Part 5 - Assistance to Grand Juries

§ 8-7-501. Attendance of District Attorney General at Grand Jury - Whenever required by the grand jury, the district attorney general...

§ 8-7-502. Jurisdiction Over Misconduct - It is the legislative intent that any misconduct by a...

§ 8-7-503. Judge's Instruction to Grand Jury - It is the duty of the judge who instructs the...

Part 6 - District Attorneys General Fiscal Affairs Act

§ 8-7-601. Short Title - This part shall be known as the “District Attorneys General...

§ 8-7-603. Disbursement of Funds - Such funds shall be disbursed by the executive director of...

§ 8-7-604. Authorized Use of Funds - Such funding shall be used solely for the purpose of...

§ 8-7-605. Use of Funds to Defray Costs - The office of executive director of the district attorneys general...

§ 8-7-606. Records — Audit - The office of executive director of the district attorneys general...

Chapter 8 - Sheriffs

Part 1 - Appointment—vacancy

§ 8-8-101. Prohibited From Practice of Law or Serving as Member of General Assembly While Sheriff - No person shall engage in the practice of law or...

§ 8-8-102. Qualifications for Office — Affidavits — Training — Challenge to Candidate's Qualifications — Fraudulent Challenge - Code 1858, § 358 (deriv. Acts 1777 (Nov.), ch. 8,...

§ 8-8-103. Surety Bond - The sheriff, before entering on the duties of that office,...

§ 8-8-104. Oath of Office - The sheriff shall, besides the oaths prescribed for public officers,...

§ 8-8-105. Replacement of Sureties - The county legislative body shall demand new sureties from the...

§ 8-8-106. Temporary Appointment by County Legislative Body - If a vacancy occurs in the office of sheriff, the...

§ 8-8-107. Vacancy in Office — Temporary Discharge of Sheriff's Duties - In the event that the office of sheriff becomes vacant...

§ 8-8-108. Deputies Acting During Vacancy — Appointment of Persons to Serve Process — Legislative Adoption of Service of Process Alternatives - not less than nor more than 41,800 41,900 85,725 85,825...

Part 2 - Powers and Duties

§ 8-8-201. Duties of Office - not less than nor more than 41,800 41,900 85,725 85,825...

§ 8-8-202. Advance Fees on Process From Other Counties - No sheriff or constable shall be compelled to execute any...

§ 8-8-203. Payment of Collections by Collecting Officers - The sheriff and every other collecting officer shall pay all...

§ 8-8-204. Judgment on Motion for Failure to Pay Over - If the sheriff or officer fails to do so, the...

§ 8-8-205. Acting as Attorney or Security Prohibited — Attorney as Deputy - Code 1858, § 363; Shan., § 453; Code 1932, §...

§ 8-8-206. Purchase at Own Sale Prohibited - No sheriff or deputy sheriff shall become the purchaser, either...

§ 8-8-207. Disobedience of Process - A sheriff's disobedience of the command of any process is...

§ 8-8-208. Service at Residence of Defendant - No sheriff shall return upon any writ that the person...

§ 8-8-209. Return as to Residence in Another County - Where such person is a known inhabitant of another county,...

§ 8-8-210. Bill of Fees - On levying an execution for money, the sheriff, if required,...

§ 8-8-211. Penalty for Allowing Prisoner to Be Taken From Jail and Put to Death by Violence - Any sheriff who, either negligently or willfully, or by want...

§ 8-8-213. Conservator of Peace — Summoning Posse - Code 1858, § 362; Shan., § 452; Code 1932, §...

§ 8-8-214. Delivery of Papers and Property to Successor - The sheriff, when going out of office, shall deliver to...

§ 8-8-215. Closing of Unsettled Business - The sheriff is allowed two (2) years from the time...

§ 8-8-217. Service in Violation of § 8-8-216 Void - Any summons, writ, process or other proceeding in a civil...

§ 8-8-220. Civil Actions — Sheriff May Appoint Persons to Serve Process - In any civil action when the service of process is...

Part 3 - Liability for Wrongs of Deputies

§ 8-8-302. Suits Against Counties for Wrongs of Deputies - Anyone incurring any wrong, injury, loss, damage or expense resulting...

Part 4 - County Sheriff's Civil Service Law of 1974

§ 8-8-401. Short Title - This part shall be known as the “County Sheriff's Civil...

§ 8-8-403. “Classified Service” Defined - As used in this part, “classified service” includes all positions...

§ 8-8-404. Creation of Civil Service Board - There is created a civil service board composed of three...

§ 8-8-405. Terms of Members - The terms of the members of the board shall be...

§ 8-8-406. Qualifications of Members - All members of the board shall be over eighteen (18)...

§ 8-8-407. Compensation of Board - The members of the board shall receive such salary, if...

§ 8-8-408. Chair — Personnel Officer as Keeper of Department Records and Secretary of Board - The county mayor shall designate, from the three (3) members...

§ 8-8-409. Powers and Duties of Board - The board as a body shall:

§ 8-8-411. Classification Plan - The board shall, as soon as practical after this part...

§ 8-8-412. Creation of New Positions — Abolition of Old Positions - The board may, upon request of and by the advice...

§ 8-8-416. Transfer of Positions - Employees in the classified service may be transferred from one...

Part 5 - Disposal of Property by Sheriff

§ 8-8-501. Disposition of Unclaimed Property - The sheriff is hereby authorized to dispose of all abandoned,...

§ 8-8-502. Notice to Owner — Time for Claiming Property - Prior to disposing of such property, the sheriff shall make...

§ 8-8-503. Court Order for Disposition — Disposition of Proceeds - Prior to disposing of such property under this part, the...

§ 8-8-504. Law Supplemental — When Property Not Returned - Nothing in this part shall be construed as repealing any...

Part 6 - Correctional Officers — Civil Service

§ 8-8-601. Inclusion in Civil Service System - The civil service system of a county having a metropolitan...

§ 8-8-602. Civil Service Status of Correctional Officers Employed as of March 22, 1993 - Each correctional officer employed by the sheriff's office on March...

§ 8-8-603. Position Classification Plan - With the advice and consent of the sheriff, the civil...

§ 8-8-605. Vacancies - Whenever a vacancy occurs in a position for a correctional...

§ 8-8-606. Applicability - This part shall only apply to a county having a...

Chapter 9 - Coroners

§ 8-9-101. County Coroner — Creation of Office — Election and Term of Office — Medical Examiners as Coroners - The county legislative body is hereby granted discretionary authority to...

§ 8-9-102. Removal — Vacancies - The county legislative body has the power to remove the...

§ 8-9-103. Surety Bond - Code 1858, §§ 377, 379 (deriv. Acts 1785, ch. 2,...

§ 8-9-104. Oath of Office - The coroner shall take an oath to support the constitutions...

§ 8-9-106. Process Directed to Coroner - In any legal proceeding, when it appears from the papers...

Chapter 10 - Constables

Part 1 - In General

§ 8-10-101. Election of Constables — Term of Office — Reapportionment of Districts — Abolition of Office - not less than nor more than 13,625 13,675 30,500 30,800...

§ 8-10-102. Qualifications for Office - Code 1858, § 396; Shan., § 487; Code 1932, §...

§ 8-10-103. Vacation of Office by Removal From District - A constable shall vacate office by removal from the district,...

§ 8-10-106. Surety Bond - Code 1858, §§ 385, 386 (deriv. Acts 1837-1838, ch. 152;...

§ 8-10-107. Replacement of Sureties - The county legislative body, as in its discretion it may...

§ 8-10-108. Oath of Office - not less than nor more than 3,700 4,700 6,000 7,800...

§ 8-10-111. Duties - Code 1858, § 397; Shan., § 488; Code 1932, §...

§ 8-10-112. Failure to Perform Duty - A failure on the part of the constable to comply...

§ 8-10-113. Acting for Sheriff and Coroner - A constable may execute process from any court whenever there...

§ 8-10-114. Grand Jury Process - A constable appointed to wait upon grand juries, during the...

§ 8-10-115. Fine for Failure to Serve Process - Any constable to whom a precept or process is directed...

§ 8-10-116. Penalty for Improper Conduct of Sales - It is a Class C misdemeanor, for which, on conviction,...

§ 8-10-117. Emergency Deputation of Special Constable - A judge may, in writing, specially depute any discreet person...

§ 8-10-118. Vacancy in Office - Any vacancy in the office of constable shall be filled...

Part 2 - Training and Qualifications

§ 8-10-201. In-Service Education - The Tennessee Constable Association or the Tennessee Constable Council shall...

§ 8-10-203. Range Qualification - Constables must be range-qualified prior to being authorized to carry...

§ 8-10-204. Requirements for Taking Office — Power of Arrest - In all counties where constables are not otherwise prohibited, constables...

§ 8-10-205. Notification of Election or Appointment - The county election council shall notify the Tennessee Constable Association...

Chapter 11 - County Trustees

§ 8-11-101. Election — Term of Office - Code 1858, § 424 (deriv. Acts 1835-1836, ch. 2, §...

§ 8-11-102. Entry Into Office — Bond - Upon producing the certificate of election before the county legislative...

§ 8-11-104. Duties - It is the duty of the county trustee to: Code...

§ 8-11-105. Refusal to Pay Warrant or Demand - If the trustee refuses to pay the amount of any...

§ 8-11-106. Liability to Judgment on Motion - If the trustee fails to pay money to those entitled...

§ 8-11-107. Receipts for Costs Filed - No county trustee shall pay to any clerk any bill...

§ 8-11-108. Forfeiture for Defaults - The county trustee shall incur a forfeiture of five hundred...

§ 8-11-109. Failure to Pay Balance on Expiration of Term - If the trustee, on going out of office, fails to...

§ 8-11-111. Vacancies - If the office of the trustee becomes vacant due to...

Chapter 12 - Surveyors

§ 8-12-101. Election - There shall be elected by the members of the county...

§ 8-12-102. Bond — Oath of Office - Before proceeding to the discharge of duties, the county surveyor...

§ 8-12-103. Term of Office — Location of Records - Code 1858, § 435 (deriv. Acts 1835-1836, ch. 2, §...

§ 8-12-104. Deputies - The county surveyor has the power to appoint as many...

§ 8-12-105. Duty to Execute Surveys - It is the duty of the county surveyor faithfully to...

§ 8-12-106. Oath of Chain Bearers — Plat - The county surveyor shall swear the surveyor's chain bearers to...

§ 8-12-107. Compensation Fixed by County Legislative Body - The county legislative body may fix the compensation of the...

§ 8-12-108. Compensation Allowed by Courts - All courts ordering the survey of any land or lands...

§ 8-12-109. Fees as Costs - When a survey is directed by a court of record,...

§ 8-12-110. Establishment of Meridian Lines - The county legislative body of each county may, in its...

§ 8-12-111. Testing of Instruments — Notation of Magnetic Declination - It is the duty of the county surveyor and the...

§ 8-12-112. Report of Tests - A report of the variation test described in § 8-12-111...

§ 8-12-113. Prior Surveys Undisturbed - Nothing in §§ 8-12-110 — 8-12-114, shall be so construed...

§ 8-12-114. Interference With Meridian Markers — Penalty - It is a Class C misdemeanor for any person willfully...

§ 8-12-115. Liability for Wrongful Survey — Acts of Deputy - The county surveyor is liable on the surveyor's official bond...

§ 8-12-116. Delivery of Records to Successor - In case of the resignation, removal, or expiration of the...

§ 8-12-117. Delivery After Death of Surveyor - In case of the death of such surveyor, the personal...

§ 8-12-118. Compensation for Records Delivered - The county legislative body, a majority of the members being...

Chapter 13 - Registers

§ 8-13-101. Election — Term of Office - Code 1858, § 446 (deriv. Acts 1835-1836, ch. 2, §...

§ 8-13-102. Surety Bonds — Oath of Office - Code 1858, § 447 (deriv. Acts 1835-1836, ch. 2, §...

§ 8-13-103. Terms of Bond - The bond shall be in the amount of fifty thousand...

§ 8-13-104. Vacation of Office - Code 1858, § 449 (deriv. Acts 1823, ch. 5, §...

§ 8-13-105. Deputies — Appointment — Death, Resignation or Removal of Register - The register may appoint a deputy or deputies and, in...

§ 8-13-106. Location of Office - The register shall keep the register's office in the county...

§ 8-13-107. Records Kept in Office — Suitable Facility - Code 1858, § 451 (deriv. Acts 1805, ch. 1, §...

§ 8-13-108. Duties of Office - Code 1858, § 454 (deriv. Acts 1841-1842, ch. 12, §§...

§ 8-13-109. Payment for Record Books - The different county legislative bodies or trustees shall pay for...

§ 8-13-110. Indictment of Register for Failure to Perform Duties — Civil Liability - Upon failure to perform any official duties, the register may...

§ 8-13-111. Fees Accompanying Instrument — Register to Adopt Policy Regarding Overages - Code 1858, § 453 (deriv. Acts 1841-1842, ch. 12, §...

§ 8-13-112. Seal of Office - The county registers in the various counties are authorized and...

§ 8-13-113. Effect of Certification Under Seal - All instruments certified by the county register under seal shall...

§ 8-13-114. Acting as Entry Taker - In all counties where there is no entry taker, the...

§ 8-13-115. Preservation of Records of Entry - The books and papers of entry belonging to the office...

§ 8-13-117. Failure to Comply With Entry Requirements - Any register who fails strictly to comply with §§ 8-13-114...

§ 8-13-118. Recording of Military Discharge Documents in the Office of County Register - NOTICEA MILITARY DISCHARGE RECORDED IN THE OFFICE OF THE COUNTY...

Chapter 14 - Public Defenders

Part 1 - District Public Defenders and Investigators

§ 8-14-101. Indigent Person — Defined - For the purposes of this part, an “indigent person” is...

§ 8-14-102. Creation of the District Public Defenders Office — Positions and Qualifications — Elections and Appointments - Judicial district Assistant district public defender positions 1 6 2...

§ 8-14-103. Office Expenses - The state shall provide each district public defender with suitable...

§ 8-14-107. Compensation - Entry level $ 49,080 after one (1) year 52,164 after...

§ 8-14-108. Personnel — State Employees - The personnel of the public defender system shall be state...

§ 8-14-109. Immunity of State and Personnel of Public Defender's Office - No court in this state has any power, jurisdiction or...

§ 8-14-110. Twentieth and Thirtieth Judicial Districts — State Funding - For the twentieth and thirtieth judicial districts, the state shall...

§ 8-14-111. Special Personnel for Expedition of Post-Conviction Proceedings in Capital Cases - The district public defender is authorized to employ, reassign, or...

Part 2 - District Public Defenders Conference

§ 8-14-202. Meetings — Purpose - Such conference shall meet annually and at other times as...

§ 8-14-203. Duties - It is the duty of the conference to give consideration...

§ 8-14-204. Officers — Meetings - The president of the conference may call meetings at will,...

§ 8-14-205. Duty to Attend Meetings - It is the official duty of each member of the...

§ 8-14-206. Expense of Attending Meetings — Reimbursement - Every member whose salary is paid in whole or in...

Part 3 - Executive Director of the District Public Defenders Conference

§ 8-14-301. Office of Executive Director — Creation — Purpose - There is created the office of executive director of the...

§ 8-14-304. Duties of Executive Director - The executive director of the district public defenders conference shall...

§ 8-14-306. Executive Director — Office and Supplies - The executive director shall be provided with suitable office space...

§ 8-14-307. Executive Director and Personnel — State Employees - The executive director and personnel of the district public defenders...

§ 8-14-308. Submission of Budget - Each year's budget for the operation of the office of...

Part 4 - District Public Defender's Fiscal Affairs -

Chapter 15 - Auditors

§ 8-15-101. Employment by Counties - The counties are authorized to employ accountants to audit the...

§ 8-15-102. Employment by Committee — Bond - Such auditor shall be employed by a committee of not...

§ 8-15-103. Report - The report of such auditor or accountant shall be furnished...

§ 8-15-104. Appropriation for Expenses - The county legislative body has the authority to appropriate funds...

Chapter 16 - Notaries Public

Part 1 - Qualifications

§ 8-16-101. Election — Residency Requirement — Eligibility - Code 1858, § 1792 (deriv. Acts 1835-1836, ch. 11, §...

§ 8-16-102. Approval of Notaries - All notaries shall be approved by the governor. For purposes...

§ 8-16-103. Term of Office - The term of office of notaries public shall be four...

§ 8-16-104. Surety Bond - Every notary public, before entering upon the duties of office,...

§ 8-16-105. Oath of Office - A notary public shall also take and subscribe, before the...

§ 8-16-106. Payment of Fee — Issuance of Commission - It is the duty of any person elected a notary...

§ 8-16-107. Delivery of Commission — Clerk's Record - The county clerk shall not deliver the commission until the...

§ 8-16-109. Name Change — Relocation of Notary's Residence or Principal Place of Business to Another County - If a notary public's surname changes, or if a notary...

§ 8-16-113. Title of Notary Public for the State of Tennessee - Any notary public fulfilling the requirements of this part shall...

§ 8-16-115. Expiration of Commission Indicated on Instruments - Every certificate of acknowledgement officially executed by a Tennessee notary...

§ 8-16-116. Receipt of Instruments in Evidence - The attestations, protestations, and other instruments of publication or acknowledgment,...

§ 8-16-117. Notice of Deposition of Notary Public - The deposition of a notary public may be taken, whether...

§ 8-16-120. Acting After Expiration of Commission - It is unlawful for any person who has been commissioned...

§ 8-16-121. Depositions Taken by Notaries Public of Other States - A notary public, duly and lawfully commissioned by the proper...

Part 2 - Consumer Protection

§ 8-16-201. Notice That Notary Public Is Not an Attorney - I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN...

§ 8-16-202. Prohibited Representations or Advertising - A notary public who is not an attorney licensed to...

§ 8-16-203. Compliance - Any failure to comply with the foregoing provisions constitutes an...

§ 8-16-204. Exceptions - This part shall not apply to:

Part 3 - Online Notary Public Act

§ 8-16-301. Short Title - This part shall be known and may be cited as...

§ 8-16-302. Part Definitions - As used in this part:

§ 8-16-303. Applicability of Part - This part only applies to online notarizations.

§ 8-16-304. Rulemaking - The secretary of state shall promulgate rules necessary to implement...

§ 8-16-307. Performance of Notarial Acts - An online notary public:

§ 8-16-311. Fees for Online Notarization - An online notary public or the online notary public's employer...

Chapter 17 - Ethical Standards for Officials and Employees

§ 8-17-101. Legislative Intent - It is the intent of the general assembly that the...

§ 8-17-104. Standards Open to Public Inspection — Filing Standards and Amendments With Ethics Commission - Each entity covered by this chapter shall maintain, for public...

Chapter 18 - Eligibility, Commissions, and Oaths

§ 8-18-101. Eligibility to Hold Office - All persons eighteen (18) years of age or older who...

§ 8-18-102. Penalty for Acceptance of Office by Ineligible Person - Code 1858, § 749; Shan., § 1070; Code 1932, §...

§ 8-18-103. Residence of Officers - All officers shall reside in this state, and keep their...

§ 8-18-104. Terms of Office — Filling of Vacancies - Except as provided in title 17, chapter 4, the term...

§ 8-18-105. Terms of Appointive Officers - In reckoning the time of the terms of appointees to...

§ 8-18-106. Officers Commissioned - The following officers are commissioned, namely: senators and representatives in...

§ 8-18-107. Administration of Oaths of Office - Code 1858, § 753; Shan., § 1074; Code 1932, §...

§ 8-18-108. Filing of Oaths of State and Judicial Officers - Such oaths shall, when taken by the governor, a judge...

§ 8-18-109. Filing of Oaths of County Officers — Administration of Oaths - Code 1858, § 755; Shan., § 1076; Code 1932, §...

§ 8-18-110. Endorsement of Time of Filing - The officer in whose office these oaths are required to...

§ 8-18-111. Form of Oath of Office - The official oath, unless otherwise expressly prescribed by law, shall...

§ 8-18-112. Deputies' Oaths - Whenever any officer is authorized or required to appoint a...

§ 8-18-113. Acting Without Oath - Any officer or deputy required by law to take and...

§ 8-18-114. Application of Oath Provisions to Future Offices - Sections §§ 8-18-107 — 8-18-113 apply to the oaths of...

Chapter 19 - Bonds of Officers

Part 1 - Form and Filing of Bonds

§ 8-19-103. Recording of Bonds of County Officers - The official bonds of all county officers covered by §...

§ 8-19-104. Special Book for Recording Bonds - The registers of deeds of the various counties whose duty...

§ 8-19-105. Loss of Original of Recorded Bond - When the original of any bond provided for or covered...

§ 8-19-106. Premiums and Registration Fees - The respective counties shall pay the premiums for such bonds...

§ 8-19-107. Provisions Supplemental - Sections 8-19-101 — 8-19-106 are cumulative and supplemental to all...

§ 8-19-108. County Official Prohibited as Sureties for Other County Officials - No county official shall sign as surety an official bond...

§ 8-19-109. Approval of County Official as Surety Prohibited - It is unlawful for any person, whose duty it now...

§ 8-19-110. Penalty for Violation - A violation of §§ 8-19-108 and 8-19-109 is a Class...

§ 8-19-111. Terms of Bond - That if the Principal shall: 1. Faithfully perform the duties...

§ 8-19-112. Irregular Bonds Not to Be Approved - The bond of any public officer which is not in...

§ 8-19-113. Form of Approval - The approval of all official bonds shall be in writing,...

§ 8-19-114. Unapproved Bond Not to Be Filed - No officer with whom any official bond is required to...

§ 8-19-115. Time of Filing - Official bonds, including blanket bonds, and each rider or attachment...

§ 8-19-116. Endorsement of Time of Filing - Every officer in whose office the official bond of any...

§ 8-19-117. Failure to File in Time - Any officer, required by law to give bond, who fails...

§ 8-19-118. Notice of Failure to File - Notice of the failure to file bond, as required, shall...

§ 8-19-119. Acting Before Approval of Bond - Any public officer required by law to give bond who...

§ 8-19-120. Cash Deposit in Lieu of Bond - Notwithstanding any law to the contrary, any person who is...

§ 8-19-121. Bond of Constable - Notwithstanding any law to the contrary, an official bond as...

§ 8-19-122. When Furnishing New Bond Required - No bond required by this chapter shall be renewed upon...

Part 2 - Examination, Approval, and Transmittal of Bonds

§ 8-19-201. Examination of Clerks' Bonds - The judges of the chancery and circuit courts, and of...

§ 8-19-203. Notice by Office of the County Clerk if Bond Not Filed - If, at the expiration of four (4) months after a...

§ 8-19-205. Action Upon Failure to Enter Bond - Upon the filing of a complaint alleging the failure of...

§ 8-19-206. Judgment — Filling of Vacancies - If, upon service and return of the summons and after...

§ 8-19-207. Bond of Persons Filling Vacancy - The person selected according to law to fill the office...

§ 8-19-208. Filing of Bonds of Revenue Officers - The bonds of the revenue officers, shall within ten (10)...

Part 3 - Liability on Bonds

§ 8-19-301. Obligations Covered by Bonds - Every official bond executed under this code is obligatory on...

§ 8-19-302. Obligation on Defective Bond - Whenever any officer, required by law to give an official...

§ 8-19-303. Estoppel to Deny Validity of Bond - If any officer or other person, as hereinafter provided, who...

§ 8-19-304. Bonds Not Discharged by Single Recovery - Official bonds are not discharged by a single recovery, but...

§ 8-19-305. Amount of Liability of Sureties - Sureties on the bonds of public officials shall be liable...

§ 8-19-306. Provisions Applicable to Future Offices - Sections §§ 8-19-111 — 8-19-119 and 8-19-301 — 8-19-307 apply...

§ 8-19-307. Provisions Applicable to Fiduciaries - Sections §§ 8-19-302 — 8-19-304 and 8-19-306 apply to the...

Part 4 - New and Additional Bonds

§ 8-19-402. New Bond From Other Officers - All public officers, except those included within the provisions of...

§ 8-19-403. Requisition to Give Additional Bond - The requisition to give additional bonds shall, in all cases,...

§ 8-19-404. Form of Additional Bond - Such additional bond shall be in the same penalty, conditioned,...

§ 8-19-405. Failure to Give Additional Bond - Such officer shall give the additional bond within ten (10)...

§ 8-19-406. Obligation of Additional Bond - From the time of its approval, every such additional bond...

§ 8-19-407. Effect of New Bond on Old - In no case provided for in any of §§ 8-19-402...

§ 8-19-408. Contribution Between Sureties of Different Bonds - The sureties on either bond, who have been compelled to...

§ 8-19-409. Relief of Surety - Any of the sureties upon the official bond of a...

§ 8-19-410. Notice to Furnish New Bond - The surety shall give the principal at least five (5)...

§ 8-19-411. Failure to Give New Bond - If the new bond is not given as required, the...

§ 8-19-412. New Bond by Consent of Principal - When an officer consents in any case, upon public or...

§ 8-19-413. Approval and Filing of New Bond - On the execution of the additional bond provided for in...

§ 8-19-414. Exoneration of Previous Sureties - On the execution, approval and filing of such additional bond,...

§ 8-19-415. Obligation of Additional Bond - Every such additional bond, approved and filed as provided in...

§ 8-19-416. Effect of Exoneration on Previous Liabilities - The exoneration of the applicant sureties does not affect the...

§ 8-19-417. Sureties' Remedies - Whenever the sureties on either bond, in such cases, have...

§ 8-19-418. Release of Sureties of Deputies - Sureties of deputy officers may in like manner be released...

§ 8-19-419. Costs of Proceeding to Relieve Surety - The costs of the application will be paid by the...

Part 5 - Unauthorized Settlements

§ 8-19-502. Demands on Bonding Companies — Prior Approval of Comptroller Required - No agency of the state nor any officer or employee...

§ 8-19-503. Unauthorized Settlement With Bonding Company - If any agency of the state or any official or...

§ 8-19-504. Legislative Intent - It is the declared intent of this part to hold...

Chapter 20 - Appointment of Deputies and Assistants

§ 8-20-102. County Mayor as Defendant — Hearing and Decision - Each of the above named officers shall name in the...

§ 8-20-104. Decree — Modification - The order of the court shall be spread upon the...

§ 8-20-105. Reduction of Number or Salaries - It is the duty of all officers mentioned above to...

§ 8-20-106. Appeal of Decision - Either party dissatisfied with the decree or order of the...

§ 8-20-107. Costs of Proceedings - The cost of all cases shall be paid out of...

§ 8-20-109. Removal of Deputies or Assistants - Any and all deputies and assistants in any of the...

§ 8-20-110. Refunds to Allow for Salaries of Deputies - The various county legislative bodies are empowered to refund payments...

§ 8-20-111. Release to Allow for Salaries Paid - The legislative body of any county is authorized to release...

§ 8-20-112. Employment or Termination of Employment - In any county having a civil service system for the...

Chapter 21 - Fees Charged

Part 1 - General Provisions

§ 8-21-101. Express Authorization Required - No officer is allowed to demand or receive fees or...

§ 8-21-102. Advance Fees Unauthorized - No officer is entitled to demand and receive fees allowed...

§ 8-21-103. Penalty for Excessive Fees Charged - If any officer demands or receives any other or higher...

§ 8-21-104. Bill of Costs - Such officers shall, on demand, make out a bill of...

§ 8-21-105. Judicial Decision of Legal Questions - It is the duty of the courts to decide, upon...

§ 8-21-107. Payment of Fees, Fines, Costs, etc., by Credit Card - The state, county or municipal court clerk and county clerk...

Part 2 - Secretary of State

§ 8-21-201. Secretary of State — Specific Fees Authorized - The secretary of state is entitled to demand and receive,...

§ 8-21-202. Fees Not Included — Conflicts - Section 8-21-201 is not inclusive of all fees, such as...

§ 8-21-203. Signing and Sealing Commissions - Except as otherwise provided, the secretary of state shall not...

§ 8-21-204. Commissions of Judicial, Constitutional, and Unpaid Officers - There shall be no fees for commissions of judges or...

§ 8-21-205. Allocation of Fees Collected - Notwithstanding any other law to the contrary, ninety-seven percent (97%)...

Part 4 - Clerks of Court

§ 8-21-401. Schedule of Fees - Code 1858, §§ 2306, 2844, 4551 (deriv. Acts 1837-1838, ch....

§ 8-21-404. Allowances Where No Fee Fixed - The court may make allowances to the clerk or other...

§ 8-21-405. Auctioneer Expense - If the clerk employs an auctioneer or other person to...

§ 8-21-406. Fees in Consequence of Neglect of Duty - No clerk of any court shall be entitled to any...

§ 8-21-407. Imperfect Transcripts on Appeal - Such clerks shall not be entitled to any fees for...

§ 8-21-408. Fees for Computer Searches - In addition to fees allowable pursuant to § 10-7-506, in...

Part 5 - Appellate Court Clerks -

Part 6 - Clerks and Masters in Chancery

§ 8-21-601. Clerks and Masters in Chancery - The clerks and masters of the chancery court are allowed...

§ 8-21-602. Division of Fees Pending Collection or Disbursement - In all chancery cases, where outgoing clerks and masters have...

Part 7 - County Clerks

§ 8-21-701. County Clerks — Specific Fees Authorized - In addition to any other fees for services established by...

§ 8-21-702. Settlement of Minor's Estate - Whenever the distributive share of any minor does not exceed...

§ 8-21-703. Fees in Pension Cases - The county clerks shall not be entitled to any fees...

Part 8 - Special Commissioners

§ 8-21-801. Special Commissioners - Special commissioners, appointed by court to sell property, take accounts,...

§ 8-21-802. Commissioners' Partition of Land - Code 1858, § 4582; Shan., § 6422; Code 1932, §...

Part 9 - Sheriffs and Constables

§ 8-21-902. Fees on Collection of Costs - The sheriffs and other collecting officers of this state shall...

§ 8-21-903. Judgments Paid After Execution Issued - The plaintiff in all judgments shall be liable to any...

Part 10 - Registers

§ 8-21-1001. Registers - not less than nor more than 26,700 26,800 31,300 31,400...

Part 11 - Surveyors

§ 8-21-1101. Surveyors — Specific Fees Authorized - Surveyors are entitled to demand and receive the following compensation...

Part 12 - Notaries Public

§ 8-21-1201. Fees for Services — When Recordation Required — Notaries Employed by Financial Institutions - Code 1858, § 4575; Acts 1883, ch. 151, § 2;...

Part 13 - Legal Notices

§ 8-21-1301. Legal Notices - Where a publication of a legal notice of any kind...

Chapter 22 - Accounting for Fees

§ 8-22-101. Clerks and County Officers Made Salaried Officers - The clerks and masters of the chancery courts, the county...

§ 8-22-102. Bond to Pay Over Fees - In the official bonds executed by the officers enumerated in...

§ 8-22-103. Excess Fees Are Property of County - All the excess fees, commissions, emoluments and perquisites, no matter...

§ 8-22-104. Accounting for and Payment of Fees - not less than nor more than 5,500 6,000 7,000 7,500...

§ 8-22-105. Liability for Failure to Collect or Account - Any officer enumerated in § 8-22-101, who evades the letter...

§ 8-22-106. False Statements — Felony - Any officer enumerated in § 8-22-101 who evades the letter...

§ 8-22-112. Report of Services Performed by Deputy Sheriffs - Any deputy sheriff appointed and serving under §§ 8-20-103 and...

§ 8-22-113. Fees Earned by Deputy Sheriffs - All of the fees received by the county trustee under...

§ 8-22-117. Tax Provisions Unaffected - Sections 8-22-101 — 8-22-113, 8-22-114 [repealed], 8-22-115, 8-22-116 [repealed], shall...

§ 8-22-118. Fees of State Offices Accruing to State - All fees, costs, emoluments, perquisites, and commissions appendant, or that...

§ 8-22-119. Salary as Full Compensation — Accounting for Fees - In consideration of the salary stipulated to be paid to...

§ 8-22-120. Record of Fees - Each such officer shall keep a true and perfect record...

§ 8-22-121. Violations — Class E Felony - Any violation of any part of §§ 8-22-118 — 8-22-120...

Chapter 23 - Compensation of State Officers and Employees

Part 1 - Compensation for Specific Offices

§ 8-23-102. Salaries of Administrative Department Heads - The salaries provided to the officers created by title 4,...

§ 8-23-103. Salaries of Judges, Justices and Chancellors - Beginning on September 1, 1990, the base salaries for judges...

§ 8-23-104. Payment of Judicial Salaries - All such salaries shall be payable in monthly installments, by...

§ 8-23-105. Salaries of Supreme Court Clerks, Chief Deputy Clerks, and Staffs - The salaries of the clerk of the supreme court, the...

Part 2 - General Provisions

§ 8-23-203. Blind Employees - All blind persons employed in the state of Tennessee whose...

§ 8-23-204. Payroll Deduction for Certain Associations - I, the undersigned, understand that this authorization is to become...

§ 8-23-205. Compensation of Board and Commission Members - Any other law to the contrary notwithstanding, no member of...

§ 8-23-207. Rights and Benefits of Employees of Boards, Commissions and Agencies - Effective July 1, 2002, any self-sustaining board, commission or agency...

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2021 Tennessee Code Title 8 - Public Officers and Employees

2021 Tennessee Code
Title 8 - Public Officers and Employees