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1986 Tennessee Attorney General Reports and Opinions 1 (1986)

handle is hein.sag/sagtn0057 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276, Public Acts of 1971 November 1986 ADMINISTRATIVE BOARDS AND AGENCIES: Rules: Proposed PSC rule 1220-2-1.46 does not violate constitutional and statutory provisions relative to bail and is within the provisions of Title 40, Chapter 11 of T.C.A.; such rule does not encroach discretionary powers of courts, but it would not be permissible for PSC to promulgate rules contrary to constitu- tional or statutory provisions. Tenn. Const., art 1, SS 15 and 16; T.C.A. SS 40-11-101, -102, -104--107, -115--122, -141, -143, -201, -204, T.C.A. SS 65-15-106, -113, -122. 86-187 ADMINISTRATIVE BOARDS AND AGENCIES: Rules: Regulation 0800-3-2-.06(d) of the Prevailing Wage Commission is not enforceable; Commission does not have authority under Prevailing Wage Act to promulgate a regulation requiring overtime pay, setting amount payable and period for which it is due. 29 U.S.C. SS 201, et seq., 203; T.C.A. SS 12-4-401, et. seg., -415. 86-190 BOARD OF CLAIMS: Members of Tennessee Job Training Coordinating Council are state employees for tort liability purposes but are not eligible for worker's compensation benefits; members of Private Industry Councils created under Federal Job Training Partnership Act are not state employees for tort liability purposes and are not eligible for worker's compensation benefits. 29 U.S.C. 55 1501, et seq., -1532; T.C.A. SS 4-4-116, -117, 8-42-101, 9-8-307, 50-6-102. 86-191 COMMERCIAL INSTRUMENTS AND TRANSACTIONS: Secured Transactions: Uniform Commercial Code: The term debtor may refer to more than one person or legal entity in a particular secured transaction; the filing officer, at his discretion, may require separate financing statements where there are multiple debtors; filing officer is not required by statute to refuse financing statement listing two or more debtors. T.C.A. SS 1-3-104, 47-9-401, et seg., -403; Ch. 404, 1985 Public Acts. 86-188