Ray Rzeplinski, a plumber, works on the bucket of a track hoe prior to digging up a septic tank in Hixson. Plumbing, like driving a motor vehicle, is a regulated privilege in Tennessee, and subject to a hearing under the state administrative procedures act. (Photo David Tulis)
CHATTANOOGA, Tenn., Saturday, March 8, 2025 — I have a right to shave my own face and cut my own hair. But a man who receives valuable compensation for the activity of cutting other people’s hair and shaving other people’s faces is involved in privilege taxable activity.
He must get the state’s permission, first, before launching out in business.
If you as entrepreneur enter a regulated business without the license, you’re in trouble. If you have the license and you violate terms laid down by the state, you’re in trouble.
In Tennessee you’re involving yourself in a misdemeanor. Offenses are of two sorts: Engaging in the privilege taxable activity without a license or violating the rules outlined for the use of the privilege. Either generally is a misdemeanor.
If you look through the various state-owned occupations in Tennessee in Tennessee code at title 62, without exception, regulatory boards handle claims of wrongdoing under license via the uniform administrative procedures act (UAPA) at T.C.A. § 4-5-101 et seq. Boards are given authority to sue in circuit or chancery court, or to consult with a district attorney with a criminal allegation.
‘Driving, operating motor vehicle’ stands apart
One earth-moving exception exists. The licensed use of motor vehicles is the only occupation in Tennessee in which criminal charges are bought in the first instance, in on-the-spot allegation made by law enforcement officers as in “traffic stops” as opposed to a last resort or in extremis. Offenses are crimes, but not on a hair-trigger response. If a person refuses to quit the privilege taxable activity or refuses contumaceously to comply with the “rules of the road” in that occupation, he is confronted civilly under administrative procedures.
The use of an automobile as a motor vehicle – that is, in commerce, for hire, for private profit and gain in the public interest – is privilege taxable activity no different than any other occupation in Tennessee. The privilege of driving a motor vehicle is only the most common of all state-owned occupations in Tennessee, with virtually every adult in the state having applied to enter the privilege by paying fees and agreeing with the terms of use, as described in title 55.
In a nutshell ——————————–
➤ Let’s decriminalize traffic stops by arguing “driving is a privilege”
➤ Driving is like plumbing, tattooing, accounting — enforced not by criminal law, but administrative law
➤We appeal to reason, grace to reduce police violence
A look at how various privileged occupations are regulated is in contrast as to how motor vehicle privilege is regulated. The commissioner of safety and homeland security plays virtually no role in management of the motoring privilege. That is left to municipal police departments and sheriff’s deputies under criminal and peacekeeping authority.
Sheriffs are “conservators of the peace, and it is the sheriff’s duty to suppress all affrays, riots, routs, unlawful assemblies, insurrections, or other breaches of the peace, detect and prevent crime, arrest any person lawfully, execute process of law, and patrol the roads of the county.” § 8-8-213.
Traffic stops use this conservator-of-the-peace kpower to “administer” the motor vehicle law, which is upon the privilege taxable activity of operating a motor vehicle. Criminal authority is distinct from occupational licensing supervision.
Imposing criminal authority on licensing matters and creating tens of thousands of criminal defendants in every state.
In 2024 police killed 152 people in “traffic stops” nationwide according to data on https://policeviolencereport.org/. No regulated occupation generates so much violence and danger for the public. Plumbing, hairdressing do not involve such dangers for police or deputies. Reports indicate officers face their most dangerous public encounters not in domestic disturbance calls, but transportation stops. Traffic stops generate much social bitterness and hatred, and criminalization of privilege management imposes burdens most heavily on minorities and the poor.
Misdemeanor threat attaches to regulated callings, but law makes controversy under license civil and administrative.
Misdemeanors yes, but UAPA first
➤ Under the barber license law at § 62-3-130 “[e]ach of the following constitutes a Class B misdemeanor,” including the violation of “of any of the provisions of this chapter,” “permitting any person *** to engage in any practice of barbering without a valid certificate of registration issued by the state board of cosmetology and barber examiners.” Other misdemeanors involve “fraudulent misrepresentations” and the “willful failure to display a certificate of registration” and contumacy – “[f]ailure to comply with a lawful order of the board.” The 14-member board is the state’s main defense against rulebreakers under the UAPA.
➤ The barber board oversees cosmetologists in chapter 4. A violation “of this part or of any rules promulgated under this part” is a misdemeanor. The board is explicitly authorized to get judicial backup, “to petition any circuit or chancery court” upon a licensee or a person “without a license” and to “enjoin that person from continuing to violate such part or chapter.” The law says “[j]urisdiction is conferred upon the circuit and chancery courts of this state to hear and determine such causes.” Any such state-created body, arguably, has that authority, even if not explicitly granted, to seek aid internally in a contested case under UAPA or externally by filing a lawsuit. T.C.A. § 62-4-129. “The [UAPA] *** governs all matters and procedures” over a contested case. T.C.A. § 62-4-130.
“Except as otherwise provided under this part, it is unlawful to operate a shop without conspicuously displaying a valid license issued by the board under this part.” T.C.A. § 62-4-118.
Policing against wild and woolly acts in hairdresser shops is not by armed deputies or officers, though the statute hints it should be. Inspectors from the board may, “at reasonable hours, inspect any place of business” under the chapter. Banned are “[u]nprofessional, immoral or dishonorable conduct” or the sale of booze or dope. An addiction is grounds for suspension, revocation or refusal to renew a license. The last offense in a list of 10 is “[f]ailure to comply with a lawful order of the board.” T.C.A. § 62-4-127.
➤ Funeral homes and embalming are a state-owned occupation under UAPA overseen by the board of funeral directors and embalmers. “(a) A violation of this chapter is a Class C misdemeanor. (b) It is the duty of the district attorney general to prosecute violations of this chapter. T.C.A. § 62-5-103. In all occupations, there is implied or stated public interest. “safeguard life and health and to prevent the spread of contagious diseases and to improve sanitary conditions and public health generally, it is required that only properly qualified persons shall engage in funeral directing, embalming and operating of a funeral establishment” T.C.A. § 62-5-303.
➤ Real estate appraisal, another privilege taxable activity, is forbidden except under license. “If any person required by this chapter to be licensed who engages in real estate appraisal activity in this state without obtaining a license therefore, or who violates any provision of this chapter, commits a Class A misdemeanor” and is barred from the occupation for a year from the date of conviction. T.C.A. § 62-39-319. No call goes out to 911 for police if a scofflaw is detected, the legislature opting for a gentle approach. “(e) The commission shall use all available means to locate and communicate with all persons holding themselves out as appraisers.” § 62-39-319.
➤ Home improvements. A person involved in home improvements without license in 62-37-114 is subject to civil penalty between $50 and $250, the “operating without a license” allegation subject to UAPA. T.C.A. § 62-37-101, The “home improvement licensing act” passed in 1988.
➤ “The practice of geology in this state is declared to be subject to regulation in the public interest.” T.C.A. § 62-36-102. In the penalties provision, violation is a misdemeanor. But the commissioner of commerce and insurance purses penalties civilly under UAPA. T.C.A. § 62-36-122.
➤ The most obscure privilege tax activity regulator, the board of employee assistance professionals, operated until the chapter was repealed. The law listed 20 prohibited activities subject to disciplinary measure, but no misdemeanor proviso. The board was authorized to sue in chancery court and hear wrongdoing claims itself under UAPA. T.C.A. § 62-42-119. “If the activity involved appears to be a criminal offense, the board shall refer the matter to the appropriate district Attorney General for prosecution” T.C.A. § 62-42-108.
➤ The state fire marshal administers the fire protection sprinkler system business under misdemeanor threat for “any violation of this part.” T.C.A. 62-32-117. But the seven parts of the penalty statute refer not to law enforcement, but civil litigation or hearings under UAPA. “(a) A violation of this part or any rule lawfully promulgated under this part is a misdemeanor.” The marshall “may issue” civil penalties for second or subsequent violations starting at $100, with a maximum $500 civil penalty for a third alleged violation. Fourth and subsequent violations go for $1,000. T.C.A. § 62-32-117
➤ Real estate brokers also are under misdemeanor penalties. T.C.A. § 62-13-110(a)(1). All controversies are handled through UAPA. T.C.A. § 62-13-111. “[A] single act” is deemed sufficient to require a license. T.C.A. § 62-13-103. A broker or affiliate is identified by a single act.
➤ The “Limited Licensed Plumbers’ Act of 2004” at T. C. A. § 62-6-402 et seq regulates plumbers, with enforcement by the board for licensing contractors pursuant to § 62-6-104. “Disciplinary proceedings” are upon what are styled misdemeanors. T.C.A. § 62-6-413. UAPA controls proceedings administrative. T. C. A. § 62-6-407.
➤ Scrap metal dealers are regulated to prevent theft of utility access covers, street poles, road and bridge guard rails, traffic lights and the like. A violation of T.C.A. § 62-9-105 is a misdemeanor.
Former law is exception
Laws for privilege taxable activity generally don’t have a mens rea or guilty intention, element. An exception is in a former law, dealing with locksmithing.
➤ The locksmithing chapter in title 62, chapter 12, created in 2006 and repealed in 2021. A 2010 amendment to the locksmithing statute describes how it “is a Class B misdemeanor” to be one “who engages in or offers to engage in locksmith and services without a license.” The statute contained a mens rea provision. One cannot “knowingly engage in or offer to engage in locksmithing services if (A) the services are rendered in exchange for compensation; and (B) the person does not have a valid license.” Repeal creates no threat to public welfare.
David runs a personal nonprofit fighting and mercy ministry. He thanks you for checks sent directly to c/o 10520 Brickhill Lane, Soddy-Daisy, TN 37379. Also at GiveSendGo.
