[Effective 7/1/2029]

(a)

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Terms Used In Tennessee Code 50-6-908 v2

  • Board: means the state board for licensing contractors. See Tennessee Code 50-6-901
  • Department: means the department of labor and workforce development. See Tennessee Code 50-6-102
  • Person: means only a natural person and does not include a business entity. See Tennessee Code 50-6-901
  • provider: means any person or entity engaged in the construction industry. See Tennessee Code 50-6-901
  • Registry: means the construction services provider workers' compensation exemption registry established pursuant to this part and maintained by the bureau of workers' compensation. See Tennessee Code 50-6-901
(1) Any construction services provider who obtains an exemption and subsequently chooses to revoke such exemption shall:

(A) Give notice to the person or entity for whom the provider may currently be providing services of the revocation in accordance with a form prescribed by the bureau of workers’ compensation;
(B) Attest as to whether or not the provider has any employment related injuries at the time of such revocation that occurred while providing services to a person or entity that did not provide coverage under a policy of workers’ compensation; and
(C) Within twenty-four (24) hours of such revocation, notify any person or entity for whom the provider is currently providing services that the provider has voluntarily revoked the provider’s workers’ compensation exemption.
(2) Upon filing such notice, the bureau of workers’ compensation shall remove the construction services provider’s name from the registry.
(3) A construction services provider who revokes an exemption under this section may reapply for an exemption by following the procedure set forth in § 50-6-904.
(b)

(1) In addition to the revocation set out in subsection (a), a workers’ compensation exemption shall be revoked by the bureau of workers’ compensation upon:

(A) Notification from the board that the board has revoked or suspended any license issued to the construction services provider by the board, including a license issued to a business entity through which the construction services provider obtained such an exemption. For purposes of this subdivision (b)(1)(A), if a construction services provider’s license is revoked, whether or not such license is in the provider’s individual name or in the name of a business entity through which the provider obtained an exemption, then any exemption obtained through such business entity shall be revoked;
(B) Notification from the department of any violations of § 50-6-412 by the construction services provider, including any violation against a business entity through which the construction services provider obtained such an exemption. For purposes of this subdivision (b)(1)(B), if a construction services provider has violated § 50-6-412, whether or not such violation was committed by the individual or a business entity through which the provider obtained an exemption, then any exemption obtained through such business entity shall be revoked and all exemptions in the provider’s name shall be subject to revocation;
(C) A determination by the bureau of workers’ compensation that the construction services provider no longer meets the requirements for an exemption established pursuant to this part; or
(D) A determination by the bureau of workers’ compensation that the construction services provider failed to renew prior to the expiration date of such exemption or the provider failed to pay any fees required to be paid pursuant to this part.
(2) Any notification of a violation made by the department pursuant to subdivision (b)(1)(B) shall include information indicating whether such violation requires a temporary or permanent revocation pursuant to § 50-6-412.
(3) If a provider’s exemption is revoked pursuant to this section, the bureau of workers’ compensation shall:

(A) Remove the construction services provider’s name from the registry within seven (7) days of receipt of notification from the department or the board, or upon making a determination as provided in subdivision (b)(1)(C) or (b)(1)(D); and
(B) Notify the construction services provider that such provider is required to notify, within twenty-four (24) hours of such revocation, any person or entity for whom the provider is currently providing services that the provider’s workers’ compensation exemption has been revoked.
(4) If a provider’s exemption is revoked pursuant to subdivision (b)(1), the administrative and judicial procedures available to such provider shall be those procedures set out in § 50-6-906.
(c) If a construction services provider’s exemption is revoked pursuant to this section, the construction services provider shall be required to carry workers’ compensation insurance as provided in § 50-6-902(a); provided, that such construction services provider does not otherwise meet an exemption set out in § 50-6-902(b).
(d) A construction services provider whose exemption is revoked for any reason set out in this part shall be notified of such revocation in writing, and shall not be entitled to a refund of filing fees.
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