2019 Tennessee Code
Title 62 - Professions, Businesses and Trades
Chapter 43 - Tennessee Professional Employer Organization Act
§ 62-43-103. Rules -- Creation of professional employer organization advisory council -- Composition of council -- Officers -- Compensation -- Powers and duties -- Administration -- Recommendations for appointments to council.
(a)
(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.
