§ 47-26-1101. Short Title
This part may be cited as “Serviceperson Registration.”
§ 47-26-1102. Part Definitions
As used in this part, unless the context otherwise requires: “Commercial and law enforcement weighing and measuring device” is construed to include any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, […]
§ 47-26-1103. Minimum Equipment
Applicants must have available sufficient standards and equipment to adequately test devices as set forth in the “Notes” section of each applicable code in the most recent edition of NIST Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.” When applicable, this equipment must meet the specifications of National Institute of […]
§ 47-26-1104. Registration
An individual or agency qualified by training or experience must apply for registration to service weighing or measuring devices only on an application form supplied by the commissioner. It shall be the individual’s or agency’s responsibility to request the application form prior to servicing weighing and measuring devices. No person or firm shall engage in […]
§ 47-26-1105. Certificate of Registration
The commissioner will review and check the qualifications of each applicant. The commissioner shall issue to the applicant a certificate of registration, including an assigned registration number if it is determined that the applicant is qualified. The certificate of registration will expire twenty-four (24) months from the date of issuance. The commissioner has the authority […]
§ 47-26-1106. Privileges and Responsibilities of a Registrant
A bearer of a Certificate of Registration has the authority to remove an official rejection tag or seal placed on a weighing or measuring device by the authority of the commissioner; place in service, until such time as an official examination can be made, a weighing or measuring device that has been officially rejected; place […]
§ 47-26-1107. Placed in Service Reports, Equipment Rejection/violation Notices, Reporting of Service Work
The commissioner shall furnish each registered serviceperson and registered service agency with a sample report form to be known as “Placed In Service Report.” Such form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by the registered serviceperson who installed the device. This form shall be completed accurately […]
§ 47-26-1108. Examination and Calibration or Certification of Standards and Testing Equipment
A registered serviceperson and a registered service agency shall submit, at least biennially (every two (2) years) to the commissioner, for examination and certification, any standards and testing equipment that is used, or to be used, in the performance of the service and testing functions with respect to weighing and measuring devices for which competence […]
§ 47-26-1109. Rejection, Removal From Use, Seizure of Equipment
The commissioner is authorized to reject, remove from use, or seize weighing or measuring devices installed, serviced, repaired, or reconditioned by any licensed or unlicensed individual or agency for good cause which shall include, but not be limited to: taking of unfair advantage of an owner of a device; failure to have test equipment or […]
§ 47-26-1110. Registration Fees
The annual cost to register a serviceperson shall be set by rule pursuant to § 43-1-703. For each service agency employing more than two (2) registered servicepersons, the annual fee shall be set by rule pursuant to § 43-1-703. The service agency registration fee shall not exempt the agency or individual from paying the required […]
§ 47-26-1111. Reciprocal Agreements
The commissioner may enter into an informal reciprocal agreement with any other state or states with similar registration policies whereby the registered servicepersons and the registered service agencies of the party states are granted reciprocal authority of certification of standards and testing equipment.
§ 47-26-1112. Revocation of Certificate of Registration
The commissioner is authorized to suspend or revoke a certificate of registration for good cause, which includes, but is not limited to: taking of unfair advantage of an owner of a device; failure to have test equipment or standards certified; failure to use adequate testing equipment; failure to adjust commercial or law enforcement devices to […]
§ 47-26-1113. Revocation Proceedings
If the commissioner suspends or revokes a serviceperson/service agency license, the revokee may appeal the decision through the appropriate court of law in Davidson County.
§ 47-26-1114. Criminal Penalties
Any person who personally or through such person’s servant or agent, or as the servant or agent of another person, commits any prohibited acts in this part or pursuant regulations or violates any other provision of this part commits a Class C misdemeanor.
§ 47-26-1115. Restraining Orders and Injunctions
The commissioner is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provision of this part.
§ 47-26-1116. Warning in Lieu of Criminal or Civil Penalties
Nothing in this part shall be construed as requiring the commissioner to report for the institution of proceedings under this part, minor violations of this part, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable oral or written notice or warning.
§ 47-26-1117. Rulemaking Power of Commissioner
The commissioner is authorized to enforce this part and the commissioner may issue from time to time reasonable rules and regulations for the enforcement of this part, which shall have the force and effect of law. All rules and regulations under this part shall be promulgated by the commissioner, pursuant to the Uniform Administrative Procedures […]
§ 47-26-1118. Publications
The commissioner may publish, from time to time as the commissioner deems appropriate, and may supply upon request, lists of registered servicepersons and registered service agencies.