Tennessee Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Tennessee, with full citations and the original source on every page.
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Can Tennessee make it a separate crime to engage in mass picketing during a labor strike or lockout?
Probably not. The AG concluded that HB 1688, which would have singled out mass picketing in labor disputes for criminal sanction and easier injunctive relief, was a content-based speech restriction un…
Does Tennessee's 10% weight-margin rule for farm trucks apply when a contract poultry farmer hauls birds belonging to an integrator to market?
Yes. A truck used by a contract poultry farmer to transport poultry from the farm to market on a Tennessee state highway (other than an interstate) qualifies as a 'farm truck' under Tenn. Code Ann. § …
Can Tennessee constitutionally fall back on the electric chair when lethal injection drugs are unavailable?
Probably yes, on current authority. The AG concluded that SB 2580, which would have authorized electrocution when lethal injection drugs were unavailable or held unconstitutional, would be constitutio…
In Tennessee, can a county mayor fire employees the county commission hired, or shut down a department the commission created?
No to both. When a Tennessee county commission has hired an employee under proper authority, only the commission can fire that employee. A county mayor cannot defund or abolish a county department wit…
Can a Tennessee LLC use the corporate exemption to sell its own real estate without a broker's license, and what happens if the person doing the selling is paid through profit distributions?
No. The Tennessee Real Estate Broker License Act exemption in Tenn. Code Ann. § 62-13-104(a)(1)(F) is limited to corporations and does not extend to LLCs. An officer who handles real estate sales as a…
Does Tennessee treat an electric bicycle as a motor vehicle, and can a rider be charged with DUI for riding one drunk?
A self-propelled electric bicycle (one whose motor moves it without pedaling) is a motor vehicle in Tennessee. Operating one on a highway requires a driver's license. The rider may be charged with DUI…
Could Tennessee declare all federal weapons regulations void in the state and create a private cause of action against any government that tried to enforce one?
No. The AG concluded that SB 1756, which would have voided all federal arms regulations within Tennessee and locked out any local firearms rules, would violate the Supremacy Clause to the extent it re…
Could Tennessee pass a law declaring federal firearms regulations void within the state?
No. The AG concluded that SB 1607, which would have amended the Tennessee Firearms Freedom Act to declare federal firearms laws void as to any gun, accessory, or ammunition present in Tennessee, would…
In Tennessee, can the same person be a county commissioner and the clerk and master of the chancery court, and can a clerk and master practice law on the side?
Yes to both, with limits. The Tennessee AG concluded that the two offices are local rather than state offices, so the constitutional ban on holding more than one lucrative office does not apply. A cle…
Can a Tennessee school board forgive a city that has spent years skipping its share of liquor-by-the-drink taxes owed to the county school fund?
No. A Tennessee county school board cannot waive its statutory right to receive liquor-by-the-drink tax revenue. The claim is not barred by any statute of limitations because collecting school taxes i…
Can a Tennessee principal search a student's locker, and do police have to wait for a parent before questioning a kid at school?
Tennessee public school students have a very low expectation of privacy in their lockers. A principal (not a delegated employee) may order a search on reasonable suspicion. Police generally need the p…
Can Tennessee regulate pole-attachment rates for TVA-supplied electric cooperatives, or does federal law preempt that?
Probably yes, with caveats. The TVA Act does not expressly preempt state regulation, and the federal Pole Attachment Act expressly preserves state authority to regulate cooperatives' pole attachments.…
When a Tennessee city annexes land in a Water and Wastewater Treatment Authority's service area, which statute controls who provides utility service?
Tenn. Code Ann. § 6-51-111(e) controls. There is an irreconcilable conflict between Tenn. Code Ann. § 5-6-120 (which makes a Water and Wastewater Treatment Authority the 'sole and exclusive provider' …
Must a Tennessee human-remains removal service register with the funeral board if it is owned by a licensed funeral director or embalmer?
It depends on the form of business. A removal service run as a sole proprietorship by a licensed funeral director or embalmer is exempt from registration under Tenn. Code Ann. § 62-5-318(a) because a …
Can a Tennessee state-university employee run for elected office without violating the Hatch Act or Tennessee's Little Hatch Act?
Yes. The federal Hatch Act expressly exempts employees of state educational and research institutions (5 U.S.C. § 1501(4)(B)(i)), so the Hatch Act does not bar them from running for office. Tennessee'…
Can Tennessee's environment department demand copies of underground storage tank records and keep them indefinitely?
Mostly yes. The Commissioner of TDEC may not contradict the UST Board's express rules but may develop policy on issues the rules don't cover. The Department may *request* (but not legally compel) reco…
If a Tennessee juvenile commits a violent sex offense before turning 14 but is adjudicated after, do they go on the sex offender registry, and is that constitutional?
Yes to both. Under Tenn. Code Ann. § 40-39-202(27), registry status is triggered by adjudication of delinquency (not by the date of the offense), so a juvenile adjudicated after age 14 for an offense …
Is Tennessee's charter school waiver statute an unconstitutional delegation of legislative power?
No. Tenn. Code Ann. § 49-13-105 lets the Commissioner of Education or an LEA waive state rules or statutes that inhibit a charter school's mission. The AG concluded the waiver authority is consistent …
Can pedestrians walk in a Tennessee bike lane, and can drivers use a bike lane to pass on the right?
Pedestrians: no, not when there is an adjacent, unobstructed, wheelchair-accessible sidewalk. Tenn. Code Ann. § 55-8-138 forbids it, and a bicycle lane is part of the 'roadway.' Drivers: there is no p…
If someone has multiple Tennessee convictions from one criminal episode, can they get any of them expunged under § 40-32-101(g)(2)?
No. Tenn. Code Ann. § 40-32-101(g)(2)(A) makes expunction available only if the petitioner has 'never been convicted of any criminal offense' other than the one they are asking to expunge. The statute…
Is the date a Tennessee workers' compensation policy is cancelled a public record under the insurance confidentiality statute?
No. A cancellation date is not a 'policy expiration date' under Tenn. Code Ann. § 50-6-421(b)(3), so the cancellation date remains confidential under § 50-6-421(a). The AG distinguished cancellation (…
Can a Tennessee magistrate tell a police officer how to fix a flawed warrant affidavit without losing neutrality?
Yes. A magistrate or judicial commissioner may identify deficiencies in a warrant application or affidavit and tell the requesting officer what is needed to cure them, without abandoning the neutral a…
Can a Tennessee county commission cut the debt-service portion of a budget proposed by its budget committee?
No. Under the County Financial Management System of 1981 (Tenn. Code Ann. §§ 5-21-101 to -130), a county legislative body 'may alter or revise the proposed budget except as to provision for debt servi…
Can a real estate broker file an interpleader for disputed earnest money in general sessions court without a lawyer?
Yes, if the broker is a sole proprietor. A sole proprietor is a 'person' under Tenn. Code Ann. § 23-1-109 and can represent themselves pro se. No, probably, if the broker is acting on behalf of a brok…
After the legislature transferred land from Davidson to Wilson County, could Mount Juliet immediately annex it despite the state annexation moratorium?
Partly. The 2013 statewide moratorium (Tenn. Code Ann. § 6-51-122) blocked annexation by ordinance on the municipality's own initiative under § 6-51-102 through May 15, 2014, so Mount Juliet could not…
Would the 2013 Tennessee charter-school bill (HB 702) unconstitutionally impose unfunded costs on school districts or violate equal protection?
No. The AG concluded that HB 702/SB 830, which would let the State Board of Education serve as 'chartering authority' for charter schools in LEAs containing 'priority schools,' would not violate Tenn.…
Can Tennessee charge out-of-state compounding pharmacies higher inspection fees than in-state pharmacies?
No. The Board of Pharmacy lacks statutory authority to enact a rule requiring its own personnel to inspect out-of-state compounding pharmacies or to impose additional fees for those inspections. Tenn.…
Does a convention center owned by a city-created nonprofit qualify as a 'government-owned convention center' for hotel-tax exemption purposes?
Yes. A nonprofit convention-center authority created by a municipality under the Convention Center Authorities Act of 2009 (Tenn. Code Ann. §§ 7-89-101 et seq.) is a public instrumentality of the orga…
Can a Tennessee city sell liquor, wine, or beer at city-owned venues like an events center, pavilion, or golf course?
No. Tennessee's liquor and beer statutes (Tenn. Code Ann. § 57-4-203(i)(1)(A) and § 57-5-103(a)(2)) limit licensees and permittees to a 'person, firm, corporation, partnership, or association,' and th…
Can a probation or community corrections officer assign an offender on general community service to graffiti removal without a specific court order?
No. Tenn. Code Ann. § 6-54-127(h) allows a municipality or county to use offenders for graffiti maintenance only when the general sessions, criminal, or juvenile court specifically ordered the offende…
Can a Tennessee county commission order an audit of a single department of the county school board?
Yes. Under Tenn. Code Ann. § 49-2-101(3), the county legislative body may have its finance committee examine school board accounts quarterly (or whenever there is reason to suspect misuse), and it may…
Is the Tennessee Claims Commission part of the judicial branch?
No. The Claims Commission is an administrative tribunal within the executive branch of Tennessee government, attached to the Department of Treasury for administrative purposes. Claims Commissioners ar…
Can a Tennessee constable carry a firearm anywhere in the state?
Only as permitted by law. Constables aren't 'law enforcement officers' under Tenn. Code Ann. § 39-17-1350, so they can't carry on that basis. Like other citizens they may carry a handgun statewide und…
Can Tennessee let local emergency communications districts collect the 911 fee on landline and VoIP service?
Yes. No federal or Tennessee law prevents the General Assembly from restructuring the 911 funding model so that emergency communications districts collect 911 fees on both wireline and non-wireline (i…
Can Tennessee require a prescription for all pseudoephedrine products, even though federal law doesn't?
Yes. State laws regulating sale of drugs are a legitimate exercise of police power. The federal Food, Drug, and Cosmetic Act preempts most state OTC drug rules under 21 U.S.C. § 379r, but § 379r(c)(1)…
Can a Tennessee county use the interest earned on the school general-purpose fund for non-school purposes?
Yes. Interest earned on money in the school general-purpose fund is not statutorily restricted to school use and the county commission can appropriate it for any lawful county purpose. If the interest…
Can Tennessee limit a city annexation referendum to property owners, or to residents and nonresident property owners?
Restricting the vote to property owners alone would violate equal protection because nonproperty-owning residents have a substantial interest in annexation. Allowing both residents and nonresident pro…
Can a Tennessee pharmacy or home medical equipment provider fit a customer for off-the-shelf diabetic shoes?
Yes for measuring, fitting, or adjusting non-custom off-the-shelf diabetic shoes and inserts, if the staff meets the training criteria in Tenn. Code Ann. § 63-3-208(a) and they don't take a cast, mold…
Must a Tennessee county pay for fringe benefits set by the sheriff's civil service board?
Yes. Once a county has adopted the Sheriff's Civil Service Law of 1974, the three-member civil service board can determine fringe benefits for sheriff's department employees and the county legislative…
What counts as an 'obvious clerical mistake' a Tennessee property assessor can correct outside of an appeal?
Only errors apparent from the face of the official tax and assessment records that involve no judgment or discretion by the assessor. Examples include typos, mathematical miscalculations, misplaced de…
Can a Tennessee city or county pass an ordinance making OTC pseudoephedrine prescription-only?
No. The Tennessee 'I Hate Meth Act' (Tenn. Code Ann. § 39-17-431) occupies the entire field of regulating methamphetamine-precursor sales, both expressly (subsection (n) says the act supersedes any lo…
Can a Tennessee juvenile court issue an order of protection for a child born out of wedlock?
Yes, but only if the protection-order petition fits within one of the juvenile court's two existing buckets of jurisdiction: a paternity proceeding for a child born out of wedlock, or a custody/visita…
Who has authority to manage the 8,600-acre Doe Mountain tract in northeast Tennessee?
The Doe Mountain Recreation Authority, a state-created entity, has sole land-management authority over the tract under Tenn. Code Ann. §§ 11-25-101 to -119. The only outside-approval requirement is th…
Could Tennessee criminalize a movie theater letting a minor watch an R-rated film?
The pre-2013 statute that tied criminal liability to MPAA ratings was unconstitutional under the First Amendment because it borrowed a private, voluntary rating system to define a crime and was not na…
Is Tennessee's proposed pre-suit notice law for establishment clause claims constitutional?
No. SB 965's pre-litigation notice and 120-day response window for state establishment clause claims violates the Tennessee Constitution's freedom-of-worship and open-courts provisions. The bill's cri…
What happens if a Tennessee hotel collects the Kingsport hotel/motel tax but does not remit it to the city?
The hotel operator faces civil liability under the 1981 private act and Title 67 of the Tennessee Code: 12% annual interest plus a 0.5% monthly penalty, levy and seizure procedures, padlocking of the …
What fees can a Tennessee court clerk charge in a delinquent property tax lawsuit?
A $44 filing fee per parcel included in the lawsuit, a $100 fee for each parcel the court orders sold, and a 5% commission on any property taxes (plus penalties and interest) the clerk actually receiv…
Can horses be slaughtered in Tennessee to sell horsemeat for people to eat?
No. Tennessee law required all horsemeat sold, offered for sale, or exposed for sale to be denatured with at least 2% charcoal or a similar inert substance, which renders it unfit for human consumptio…
Is the 10% Tennessee county clerk fee on late motor vehicle registration renewals mandatory?
No. The clerk's fee was permissive at the county clerk's discretion. It only applied at vehicle registration renewal time, only to motor vehicle registration fees the owner owed (on any vehicle), and …
When can a parent see their child's Department of Children's Services file, and can DCS records be subpoenaed in court cases? Does it matter if the abuse claim turns out to be false?
A parent who is not the alleged abuser can get DCS records about their child upon written request, but the reporter's identity is not disclosed. State court discovery is allowed only through specific …
Can a Tennessee city give local businesses a preference (like a percentage bid bump) when awarding municipal contracts?
No. The Municipal Purchasing Law of 1983 requires competitive bidding, which means all bidders must be on equal footing. A local-preference policy puts non-local bidders at a disadvantage and conflict…
Can the Tennessee Board of Regents or the University of Memphis enter a complex deal where a private nonprofit finances and builds a student housing facility on land next to campus, with the university as a member of the nonprofit?
No. Neither TBR nor the University of Memphis has statutory authority to enter this Student Housing Affiliation Agreement. State agencies can only do what the legislature has authorized, and nothing i…
Is Tennessee's 1949 private act creating the DeKalb County Democratic Party Executive Committee still enforceable today?
No. The private act unconstitutionally restricts the Democratic Party's First Amendment associational rights. The U.S. Supreme Court has held that a political party gets to set its own internal struct…
Can a Tennessee county commissioner vote on the school budget if they (or their company, or their charter school application) have a financial connection to the school system?
If the commissioner is a school employee whose job predates the election, they can vote after disclosing the conflict. If the job came after the election, they can't vote at all. If the commissioner's…
Are Tennessee Ethics Commission lobbyist audit files always confidential, and when can the Commission release them in administrative hearings?
All random and investigatory audit information must be kept confidential, treated like tax records. The Commission can disclose in an administrative proceeding if the audited lobbyist is a party and t…
If a Tennessee county passes a bond resolution, citizens petition against it, and then the county takes the bond resolution back, does the county still have to hold the bond election?
No. Once the county commission rescinds the initial bond resolution, there is no longer any proposition for voters to approve or reject. Tennessee law does not authorize advisory or non-binding refere…
How does Tennessee's expunction statute for pre-1989 nonviolent offenses actually work? Which offenses qualify, and can someone with more than one conviction apply?
The 2012 expunction statute for pre-1989 nonviolent offenders is fact-specific: trial courts decide case-by-case whether a particular offense involved a substantial risk of physical force. Sentence le…
If a citation for a state crime tells the defendant to appear in a Tennessee municipal court, can the city prosecutor or city attorney handle the case, or does only the district attorney general have authority?
Only the district attorney general can prosecute the state criminal offense, even when the case is in municipal court. City prosecutors can handle municipal ordinance violations, but state crimes (whe…
Can a Tennessee city or county sell extra real estate without a public auction?
Cities under private-act charters with broad authority (like Jellico) can sell surplus land by private sale if they decide that's the most advantageous method, follow their charter procedure, and act …
Do Tennessee school officials have to report it to the state when one student texts another a nude photo of themselves or someone else?
Probably yes, if the photo shows a child (under 18) and the nudity involves 'lascivious exhibition' of breast, genitals, buttocks, anus, or pubic or rectal area, and the official knows or has reasonab…
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Attorney general opinions in Tennessee are written by the Tennessee Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.