(a) 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 this state in the business of installing, servicing, repairing, or reconditioning a commercial weighing or measuring device, without first having registered to do so in accordance with this part. A local, state, or federal government weights and measures regulatory employee shall not be eligible for registration. The form, duly signed and witnessed, shall include certification by the applicant that the individual or agency is fully qualified to install, service, repair, or recondition whatever devices for the service of which competence is being registered; has in possession or available for use, and shall use, all necessary testing equipment and standards; and has full knowledge of all appropriate weights and measures laws, orders, rules, regulations and has a copy of the most recent edition of National Institute of Standards and Technology Handbook 44 or document that replaces it. The commissioner may also determine the qualifications of the applicant based on the results of an examination of the applicant’s knowledge. An applicant also shall submit appropriate evidence or references as to qualifications. However, any individual or agency applying for registration to service weighing or measuring devices that has been licensed for the last five (5) consecutive years immediately prior to examination and has not been in violation of any laws, rules, or regulations pertaining to the duties or responsibilities of a registered serviceperson or registered service agency shall be exempt from such examination. The commissioner is authorized to reject or limit any application.
Terms Used In Tennessee Code 47-26-1104
Commissioner: means the commissioner of agriculture or the commissioner's duly appointed representative. See Tennessee Code 47-26-1102
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.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Registered service agency: shall be construed to mean any agency, firm, company, or corporation employing more than two (2) registered servicepersons that for hire, award, commission, or any other payment of any kind installs, services, repairs, or reconditions a commercial weighing or measuring device, and that registers itself as such with the commissioner. See Tennessee Code 47-26-1102
Registered serviceperson: shall be construed to mean any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and who applies for registration with the commissioner. See Tennessee Code 47-26-1102
signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
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
(b) Those individuals or agencies that provide such service to commercial weighing and measuring devices that do not affect the accuracy of measurement of the device, accuracy of charges or fees derived by the use of the device, or the metrological integrity of the device, need not be, but may choose to become, registered with this department. Examples of those services include, but are not limited to, replacement of hoses or nozzles on petroleum dispensers, repairs of leaks around couplings, fittings, etc.
