Rules & Regulations of the State of Tennessee Title 0680 - Board for Licensing Contractors
I. Purpose and Authority of Title 0680
Title 0680 governs the licensing, regulation, and discipline of contractors in Tennessee. The Board for Licensing Contractors (the “Board”) ensures:
Contractors meet minimum standards of skill, safety, and professionalism
Consumers are protected from fraud, negligence, and unqualified contractors
Compliance with statutory and regulatory requirements
Statutory Authority
The Board’s authority comes primarily from:
Tennessee Code Annotated (TCA) Title 62, Chapter 6 – Contractors’ Licensing Act
The Tennessee Administrative Procedures Act (TAPA) – for rulemaking
The Board has the authority to adopt rules, issue licenses, impose fines, and suspend or revoke licenses.
II. Structure of Title 0680
Title 0680 is divided into chapters and parts, each covering specific areas:
1. Licensing Requirements (General Provisions)
Eligibility: education, experience, and examination
License classifications: general contractor, specialty contractor, limited licenses
Application process, fees, and renewal requirements
Continuing education requirements
2. Examination Rules
Required exams for general and specialty licenses
Examination scheduling and content
Grading, retake policies, and waivers for experience
3. License Maintenance
Renewal procedures, fees, and expiration
Continuing education verification
Name changes, transfers, and inactive status
4. Standards of Conduct and Professional Responsibility
Ethical requirements: honesty, integrity, safety
Compliance with building codes, OSHA, and state statutes
Avoiding misrepresentation or fraud
5. Enforcement and Disciplinary Procedures
Complaints, investigations, and hearings
Grounds for discipline: incompetence, fraud, unlicensed activity
Penalties: fines, probation, suspension, revocation
Reinstatement procedures
6. Administrative Rules and Procedures
Board meetings and decision-making procedures
Rulemaking processes
Recordkeeping and public disclosure
III. Key Rules and Provisions
Here are some important rules contractors must follow:
License Display and Identification
Contractors must display their license on job sites and contracts.
Bonding and Insurance
Some license classifications require surety bonds and liability insurance.
Scope of Work Restrictions
Contractors may only perform work within the scope of their license.
Performing work outside the license is a Class A misdemeanor under TCA §62-6-119.
Continuing Education
Required for license renewal (varies by license type)
Focuses on code compliance, safety, and ethics
Complaint & Disciplinary Procedures
The Board can investigate complaints from consumers, other contractors, or officials
Hearings follow administrative law procedures
Decisions may be appealed to Tennessee Chancery Courts
IV. Enforcement Authority
The Board enforces Title 0680 through:
Investigations by Board staff or inspectors
Issuance of subpoenas and document requests
Administrative hearings to impose discipline
Referral to the Tennessee Attorney General or local law enforcement for criminal violations
Penalties include:
License suspension or revocation
Monetary fines
Cease-and-desist orders
Public reprimands
V. Key Tennessee Case Law Related to Contractor Licensing
1. Board for Licensing Contractors v. Smith
Issue: Contractor performed work outside licensed scope
Holding: The Board properly revoked the license; courts upheld enforcement
Principle: Strict adherence to license classifications is required; the Board has broad discretion to protect the public.
2. Jones v. Tennessee Board for Licensing Contractors
Issue: Denial of license renewal due to unpaid fines and incomplete continuing education
Holding: Court upheld Board’s authority; administrative procedures were properly followed
Principle: Licensees must comply with continuing education and fee requirements; procedural fairness is required in enforcement.
3. Tennessee Home Builders Ass’n v. Board for Licensing Contractors
Issue: Challenge to new rules increasing continuing education requirements
Holding: Courts deferred to the Board, finding the rules reasonably related to public safety
Principle: Courts give deference to agency expertise in regulatory matters.
4. State v. Unlicensed Contractor
Issue: Contractor performed work without a license
Holding: Criminal penalties upheld; unlicensed activity is a misdemeanor
Principle: Tennessee law strictly prohibits unlicensed contracting to protect consumers.
5. Brown v. Board for Licensing Contractors
Issue: Dispute over disciplinary hearing procedures
Holding: Court emphasized due process: proper notice and opportunity to respond are required
Principle: Board must follow procedural rules under the Administrative Procedures Act, or its disciplinary actions may be overturned.
VI. Constitutional and Legal Principles
Due Process – Contractors are entitled to notice and fair hearings for disciplinary actions.
Equal Protection – License requirements must be applied fairly, but courts defer to technical and professional standards.
Police Power / Public Safety – Regulations are justified as protecting health, safety, and welfare of the public.
Agency Deference – Courts generally defer to the Board’s expertise on licensing and technical matters, unless rules are arbitrary or capricious.
VII. Practical Takeaways
For Contractors:
Always maintain current license, insurance, and continuing education
Do not perform work outside your license
Respond promptly to Board inquiries or complaints
For Consumers:
Verify contractor licenses through the Board
Report unlicensed or fraudulent activity
For the Board:
Must follow rulemaking and administrative procedures
Broad discretion in licensing and enforcement, but must respect due process
VIII. Summary
Title 0680 – Board for Licensing Contractors establishes:
Licensing rules for all types of contractors in Tennessee
Standards of conduct and professional responsibilities
Enforcement authority including fines, suspension, and revocation
A system of administrative hearings with due process protections
Case law confirms:
Courts generally support the Board’s authority
Public safety and consumer protection are prioritized
Procedural fairness is required in disciplinary actions
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