Section 54-7-104 - Tennessee highway officials certification board(a) There is created and established the Tennessee highway officials certification board, referred to as the "board," which shall be composed of five (5) members as follows: (1) One (1) member appointed by the secretary of state;(2) One (1) member appointed by the director of the Tennessee Chapter of the American Public Works Association;(3) One (1) member appointed by the governor from a list of nominees submitted by the representative professional engineering society of the state;(4) One (1) member appointed by the comptroller of the treasury; and(5) One (1) member appointed by the executive director of the Tennessee County Services Association.(b) The board has and shall exercise the power to review the qualifications of all candidates for both elected and appointed positions as chief administrative officer of the highway department. Candidates for this office in counties where the position is filled by popular election shall file affidavits and other evidence the board requires with the board not later than fourteen (14) days prior to the qualifying deadline for candidates in the election. After review of the applicable qualifications and standards, the board shall certify to the coordinator of elections that a candidate's qualifications are acceptable prior to the candidate's name being placed on the ballot. The coordinator of elections shall forward the certification to the appropriate county election commission. A certificate of qualification from the board shall be filed with the candidate's qualifying petition prior to the qualifying deadline. Notwithstanding any law to the contrary, votes for write-in candidates, whether in a primary or general election, shall only be counted for an individual who has been certified by the board prior to the date of the election. Persons wishing to receive a party nomination or to be elected by write-in ballot must file with the board affidavits and other evidence the board requires not later than sixty-four (64) days prior to the election. Candidates for chief administrative officer of the highway department in counties where the position is appointed shall, prior to their appointment to the office, file with the board evidence satisfactorily demonstrating that they meet the qualifications to hold the office. However, in any county, pursuant to subsection (h), that has established by private act more stringent qualifications and standards than those set forth in subsection (g), and that has an appointed chief administrative officer, candidates shall submit evidence of their qualifications to the local appointing authority and shall not be required to submit evidence of their qualifications to the board.(c) Members of the board shall serve for a term of four (4) years beginning with the term commencing on July 1, 2013. The appointee representing the secretary of state shall serve as chair of the board. Upon the death, resignation, or removal of any appointive member, a replacement shall be appointed by the party representing the same area of interest as the member whose position has been vacated to fill the unexpired term of the member.(d) No chief administrative officer of a highway department shall be appointed to the board if that person may become subject to reelection or reappointment as a chief administrative officer during that person's term of service on the board.(e) The board shall only meet as is necessary to fulfill its duties. All materials or correspondence submitted to the board shall be received through the office of the coordinator of elections, who shall forward the materials or correspondence to the board. The board shall keep complete and accurate records of the proceedings of all its meetings. A copy of records of all proceedings shall be kept on file in the office of the coordinator of elections and open to public inspection.(f) Subject to the approval of the secretary of state, the board may promulgate rules to be followed by persons wishing to submit themselves for certification as qualified to seek the office of the chief administrative officer of the highway department. The board shall submit any promulgated rules pertaining to the qualifications for the office of chief administrative officer to the administrator of elections of each affected county election commission. The county election commission shall publish such rules in a local newspaper with general circulation in the county at least sixty (60) days before the qualifying deadline for either the primary or general election, or appointment by the legislative body of the county.(g) In each county, in order to qualify for the office of the chief administrative officer of the highway department, a person shall:(1) Be a qualified voter of the county and a resident of the county for one (1) year prior to the qualifying or appointment deadline, as appropriate;(2)(A) Be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance;(B) Be licensed to practice engineering in Tennessee; or(C) Have had at least four (4) years' experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to subdivision (g)(1) or (g)(2), as evidenced by affidavits filed with the board.(h) In no event shall the chief administrative officer have less than a high school education or a high school equivalency credential approved by the state board of education. A county may, by private act, require more stringent qualifications and standards than those set forth in subsection (g) for persons to qualify for the office of the chief administrative officer of such highway department. Any county that establishes more stringent qualifications and standards by private act shall send a copy of such private act to the board.(i) Incumbent chief administrative officers in office on December 31, 2012, who have met the qualifications for the office of chief administrative officer applicable to them in effect at the time of their last election shall be able to succeed themselves in office without meeting the qualifications set forth in this section for as long as such incumbents continuously hold office. If such incumbent leaves office for any reason and then subsequently is elected or appointed to the office of chief administrative officer, such incumbent shall then be subject to the qualifications set forth in this section.(j) Satisfactory evidence of graduation from an accredited school of engineering shall be in the form of a diploma, transcript or other official documentation. Evidence of a candidate's engineering licensure shall only be deemed to be satisfied if the candidate can provide the board with a copy of the candidate's engineering license, including the candidate's license number. Any provision in this section requiring a chief administrative officer to have a high school diploma or high school equivalency credential approved by the state board of education is only deemed to be satisfied if the candidate can demonstrate that the candidate has obtained a high school diploma or high school equivalency credential as recognized by the state board of education by providing the board with the candidate's diploma, high school equivalency credential, or other official documentation.(k) A person may challenge whether a candidate has the required qualifications for chief administrative officer of the highway department, as identified in subsection (g); provided, that the challenge is filed in writing with the Tennessee highway officials certification board no later than twelve o'clock (12:00) noon, prevailing time, on the third day after the qualifying deadline, as determined under § 2-5-101(a) in counties where the position is filled by popular election. In counties where the position is appointed, the challenge must be filed by a deadline established by the local appointing authority.(l) If a candidate's qualifications are challenged pursuant to subsection (k), the Tennessee highway officials certification board shall:(1) Notify the candidate of the challenge;(2) Review and verify the candidate's required qualifications, identified in subsection (g);(3) Review and verify the candidate's required qualifications and standards under a county's private act, if applicable, pursuant to subsection (h); and(4) If the Tennessee highway officials certification board determines the candidate does not possess the required qualifications for chief administrative officer of the highway department: (A) Disqualify the candidate;(B)(i) In counties where the position is filled by popular election, notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the qualifying deadline, as determined under § 2-5-101(a); or(ii) In counties where the position is appointed, notify the candidate and local appointing authority of its determination prior to the appointment to office; and(C) Request that the county election commission:(i) Not print the candidate's name on any ballot; and(ii) Remove the candidate's name from any printed ballot.Amended by 2023 Tenn. Acts, ch. 114,s 38, eff. 7/1/2023.Amended by 2023 Tenn. Acts, ch. 114,s 37, eff. 7/1/2023.Amended by 2022 Tenn. Acts, ch. 809, s 6, eff. 9/1/2022.Amended by 2016 Tenn. Acts, ch. 604, s 1, eff. 7/1/2016.Acts 1974, ch. 738, § 3; 1976, ch. 583, § 1; 1976, ch. 728, § 1; 1977, ch. 193, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1979, ch. 127, § 1; T.C.A., § 54-1004; Acts 1982, ch. 550, § 1; 1982, ch. 636, § 1; 1982, ch. 687, §§ 1, 2; 1983, ch. 39, § 1; 1983, ch. 113, § 1; 1983, ch. 360, § 1; 1986, ch. 695, § 1; 1987, ch. 61, § 1; 1987, ch. 340, § 1; 1989, ch. 77, §§ 1, 2; 1990, ch. 811, § 1; 1990, ch. 1015, §§ 1, 2; 1991, ch. 416, § 1; 1991, ch. 494, § 1; 1992, ch. 705, § 1; 1992, ch. 741, § 1; 1995, ch. 138, §§ 1, 2; 1997 , ch. 205, §§ 1 - 7; 1998, ch. 653, § 1; 1999, ch. 67, § 1; 2001, ch. 193, §§ 1 - 3; 2012 , ch. 689, § 2.