Attorney General Opinions 
Relating to County Government

2017 Fire & Emergency Services

• Title 68, chapter 102 of the Tennessee Code assigns the duty to prevent and investigate fires to the department of commerce and insurance, and to the commissioner, and the commissioner’s deputies and assistants.  The commissioner’s assistants are designated by statute (T.C.A. § 68-102-108), not appointed by the commissioner.  Their territories are geographically confined to the place in which that person serves in the position qualifying him or her as an assistant.  If a person vacates the office by virtue of which the person is designated as an assistant, the person must surrender their certificate to the commissioner within 10 days.  The certificate is only evidence of the person’s status as an assistant and whether it is surrendered has no bearing on the person’s status; the person becomes an assistant by operation of law and ceases to be an assistant by operation of law.  If there is no statutory prohibition against delegation, assistants to the commissioner may delegate ministerial duties but not those involving the exercise of official discretion or judgment.  Op. Tenn. Att’y Gen. 17-22 (March 29, 2017).