Tennessee § 44-10-205 - License revocation or suspension — Hearing — Review.

§ 44-10-205. License revocation or suspension — Hearing — Review.

In the event the commissioner has reason to believe a licensee has violated any of the provisions of this part, including the rules and regulations promulgated under this part, the commissioner shall conduct a hearing, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, to determine if the license shall be suspended or revoked. The commissioner has the power to subpoena any persons or record incident to the hearing, and a charge of contumacy may be filed for those who refuse to comply; and the commissioner may administer oaths to those giving evidence. A court reporter shall be in attendance. Following the hearing, the commissioner may: Permanently revoke the license; Temporarily revoke the license; or Suspend the license for a definite period of time. The action of the commissioner may be reviewed by common law writ of certiorari to the chancery or circuit court of the county of the licensee who is the subject of the commissioner's action, and the petition shall be filed within ten (10) days from the date of the commissioner's order. Upon the grant of the writ of certiorari, the commissioner shall certify to the court a complete transcript of the proceedings instituted before the commissioner. This certified transcript shall constitute the whole record, and no additional proof or evidence shall be considered by the chancery court of Davidson County. The decision of the commissioner shall remain final until modified by the commissioner or by the courts. Acts 1973, ch. 112, § 5; T.C.A., § 44-1914; Acts 2010, ch. 717, § 3. Compiler's Notes. Subsections (d) and (e) of this section are superseded by § 4-5-322(b) to the extent of any conflict or inconsistency between this section and the provisions of § 4-5-322(b) . See § 4-5-103(b) . Amendments. The 2010 amendment in (a), substituted “has violated” for “is guilty of violating”, inserted “, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3”, and deleted the former last sentence which read: “A ten day notice shall be given and the hearing conducted at Ellington Agricultural Center, Nashville.” Effective Dates. Acts 2010, ch. 717, § 21. June 30, 2010.