Tennessee § 44-11-106 - Refusal to grant or renew license — Suspension or revocation — Grounds — Notice and hearing — Review.

§ 44-11-106. Refusal to grant or renew license — Suspension or revocation — Grounds — Notice and hearing — Review.

The commissioner may decline to grant or to renew a license, or may suspend or revoke a license upon the following grounds: The licensee has violated any provision of this chapter or any rule, order, or regulation issued under this chapter; The licensee has knowingly received on consignment or sold or exchanged stolen livestock or mortgaged livestock without authority from the owner or mortgagee; The licensee has been guilty of misrepresentation, deception, or fraud in any material particular in securing the license; The licensee has failed to keep records as required by this chapter; The licensee has failed to practice measures of sanitation and has failed to provide for the adequate yarding, housing, holding, and feeding of livestock; The licensee, in the case of livestock weighed on the licensee's scales and sold by weight, has knowingly quoted incorrect weights or has failed to have the scales regularly inspected and tested; [Deleted by 2010 amendment.] The licensee has engaged in any illegal activity on the premises where the community sale is located, the business violates the zoning regulations of any county, municipal, or regional planning commission, or the licensee has failed to comply with such rules and regulations as have been duly adopted in accordance with this chapter; The licensee has failed to comply with the Beef Promotion and Research Act of 1985, compiled in 7 U.S.C. §§ 2901-2911, or the Agriculture Commodities Promotion Act, compiled in § 43-29-101 et seq.; The licensee has failed to make payment after a sale or has made payment with insufficient funds to consigners for livestock sold through the market; or The licensee has been determined to be insolvent by the commissioner. When any of the foregoing have not been fully complied with, or if there has been a violation of this chapter, the commissioner may give notice to the applicant for a license, or a holder of a license, that the commissioner will conduct a hearing for the purpose of determining whether the commissioner should decline to grant, renew, or suspend or revoke a license pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The findings of the commissioner shall be final, and may be reviewed in the chancery court of Davidson County, by the common law writ of certiorari. When zoning is the question involved, the commissioner shall notify the applicant or holder of the license of the violation, and the applicant or holder shall then have only the rights granted in the zoning ordinance or regulation relative to a hearing and appeal, and shall prosecute the application for a hearing and appeal solely under the particular local zoning ordinance or regulation. Acts 1957, ch. 208, § 7; T.C.A., § 44-2306; Acts 2010, ch. 717, §§ 11, 12. Compiler's Notes. The next to last sentence of subsection (b) of this section is superseded by § 4-5-322(b) to the extent of any conflict or inconsistency between that sentence and the provisions of § 4-5-322(b) . See § 4-5-103(b) . Amendments. The 2010 amendment, in (a), deleted (7) which read: “The licensee has failed to post a bond or give other security as required herein; or”, added (9)-(11); and, in (b), added “pursuant to the Uniform Administrative Procedures Act compiled in title 4, chapter 5, part 3.” to the end of the first sentence, and deleted the former second and third sentences which read: “No hearing shall be held without giving the applicant or the holder of a license at least ten (10) days' written notice thereof. The hearings shall be conducted at the time and place designated by the commissioner, and the applicant or the holder of a license shall be entitled to be represented by counsel at such hearings.” Effective Dates. Acts 2010, ch. 717, § 21. June 30, 2010.