Terms Used In Tennessee Code > Title 62 > Chapter 4 - Tennessee Cosmetology Act of 1986

• Abandoned: means left without provision for reasonable and necessary care or supervision. See Tennessee Code 36-6-205
• Aesthetics: means any of the following practices:
  (A) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or similar work with hands or mechanical or electrical apparatus or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams. See Tennessee Code 62-4-102
• Allegation: something that someone says happened.
• Arrest: Taking physical custody of a person by lawful authority.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the state board of cosmetology and barber examiners created by §. See Tennessee Code 62-4-102
• Child: means an individual who has not attained eighteen (18) years of age. See Tennessee Code 36-6-205
• Child custody determination: includes a permanent, temporary, initial, and modification order. See Tennessee Code 36-6-205
• Child custody proceeding: includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. See Tennessee Code 36-6-205
• Clerk: means the clerk of the original or registering court, or the clerk of any court who has been designated by either of those courts to collect support payments for such court. See Tennessee Code 36-5-3102
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Commencement: means the filing of the first pleading in a proceeding. See Tennessee Code 36-6-205
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cosmetology: means any of the following practices:
  (A) Arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring or similar work on the hair of any person by any means. See Tennessee Code 62-4-102
• Cosmetology shop: means any place of business where any person engages or offers to engage in any practice of cosmetology for a fee or other form of compensation, but does not include a manicure shop, skin care shop, natural hair styling shop, or eyelash services shop. See Tennessee Code 62-4-102
• Court: means a juvenile, circuit, or chancery court or other court of this state with jurisdiction to enter support or custody orders. See Tennessee Code 36-5-3102
• Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Tennessee Code 36-6-205
• Department: means the department of human services or its contractor. See Tennessee Code 36-5-3102
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designated manager: means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer, and who serves in a supervisory or managerial capacity of the shop in the absence of the manager. See Tennessee Code 62-4-102
• Dual shop: means any shop licensed by the board where services are performed or offered to be performed in more than one (1) field of cosmetology, including aesthetics, natural hair styling, manicuring, and eyelash services, or in both cosmetology, or a field of cosmetology, and barbering. See Tennessee Code 62-4-102
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Eyelash services: means applying and removing a semi-permanent, thread-like, natural or synthetic single fiber to an eyelash, including cleansing of the eye area and lashes prior to applying and after removing extensions. See Tennessee Code 62-4-102
• Eyelash services shop: means a place of business where a person licensed pursuant to this chapter performs or offers to perform only eyelash services for a fee or other form of compensation. See Tennessee Code 62-4-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hair braiding: means techniques that result in tension on hair strands, such as twisting, wrapping, weaving, extending, locking, or braiding of the hair, by hand or mechanical appliances for compensation, without cutting, coloring, relaxing, removing, chemically treating, or using other preparations to straighten, curl, or alter the structure of the hair. See Tennessee Code 62-4-102
• Hair wrapping: means the wrapping of manufactured materials around a strand or strands of human hair for compensation, without cutting, coloring, permanent waving, relaxing, removing, weaving, chemically treating, braiding, using hair extensions or performing any other service otherwise covered by this chapter. See Tennessee Code 62-4-102
• Home state: means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. See Tennessee Code 36-6-205
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Initial determination: means the first child custody determination concerning a particular child. See Tennessee Code 36-6-205
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Instructor trainee: means any person who holds a valid cosmetologist's, manicurist's, aesthetician's or natural hair stylist's license issued by the board who is engaged in a board-approved course in instructor training of at least three hundred (300) hours to be completed within a period of six (6) months, which course includes practice teaching in a school under the personal supervision of a licensed instructor. See Tennessee Code 62-4-102
• Issuing court: means the court that entered the order sought to be enforced in the registering court. See Tennessee Code 36-5-3102
• Junior instructor: means any person who holds a valid cosmetologist's, manicurist's, aesthetician's or natural hair stylist's license issued by the board who is engaged in a course of training in practice teaching in a school under the personal supervision of a licensed instructor for a period of time not to exceed three (3) years. See Tennessee Code 62-4-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manager: means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer, who serves in a supervisory or managerial capacity in the shop, and whose information is filed with the board. See Tennessee Code 62-4-102
• Manicure shop: means any place of business where any person performs or offers to perform only manicuring services for a fee or other form of compensation. See Tennessee Code 62-4-102
• Manicuring: means manicuring or pedicuring the nails of any person or performing nail artistry. See Tennessee Code 62-4-102
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Mobile shop: means any self-contained, self-supporting, enclosed motor vehicle that may be used as a barber shop, cosmetology shop, dual shop, manicure shop, skin care shop, eyelash services shop, or other category of shop licensed by the board. See Tennessee Code 62-4-102
• Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Tennessee Code 36-6-205
• Month: means a calendar month. See Tennessee Code 1-3-105
• Natural hair styling: means techniques that result in tension on hair strands such as twisting, wrapping, weaving, extending, locking or braiding of the hair by hand or mechanical appliances, which work does not include the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of the hair. See Tennessee Code 62-4-102
• Natural hair styling shop: means a place of business where a person licensed pursuant to this chapter performs or offers to perform only natural hair styling for a fee or other form of compensation. See Tennessee Code 62-4-102
• Natural hair stylist: means a person licensed to practice natural hair styling. See Tennessee Code 62-4-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Obligee: means an individual or agency to whom a support obligation is owed by an obligor. See Tennessee Code 36-5-3102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Person: means an individual, corporation, business, trust estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Tennessee Code 36-6-205
• Person acting as a parent: means a person, other than a parent, who:
  (A) Has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child custody proceeding. See Tennessee Code 36-6-205
• Petitioner: means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See Tennessee Code 36-6-205
• Physical custody: means the physical care and supervision of a child. See Tennessee Code 36-6-205
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Quorum: The number of legislators that must be present to do business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Registering court: means the court in which a support order is registered for enforcement only. See Tennessee Code 36-5-3102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Respondent: means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See Tennessee Code 36-6-205
• Safety razor: means a razor that is fitted with a guard close to the cutting edge of the razor that is intended to:
  (A) Prevent the razor from cutting too deeply. See Tennessee Code 62-4-102
• School: means a school of cosmetology. See Tennessee Code 62-4-102
• Service of process: The service of writs or summonses to the appropriate party.
• Shampooing: means any brushing, combing, shampooing, rinsing or conditioning upon the hair and scalp. See Tennessee Code 62-4-102
• Shop: means a cosmetology shop, manicure shop, skin care shop, natural hair styling shop, or eyelash services shop. See Tennessee Code 62-4-102
• Skin care shop: means any place of business where any person performs or offers to perform exclusively aesthetics services for a fee or other form of compensation. See Tennessee Code 62-4-102
• 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
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 36-6-205
• Statute: A law passed by a legislature.
• Student: means any person who is engaged in learning, performing or assisting in any of the practices of cosmetology under the immediate supervision of an instructor of cosmetology. See Tennessee Code 62-4-102
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tribe: means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. See Tennessee Code 36-6-205
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105