Tennessee § 50-3-908 - Violations by state departments or agencies — Notice.

§ 50-3-908. Violations by state departments or agencies — Notice.

Whenever the commissioner has reason to believe that an agency or department is failing reasonably to abide by §§ 50-3-906 — 50-3-913, the commissioner may issue to the head of the agency or department a written notification stating in what respects the agency or department has not adequately met its responsibilities. If the agency or department does not advise the commissioner within twenty (20) days of its intention to contest the notification, the commissioner shall submit a copy of the notification to the governor, together with a request that action be taken to bring the agency or department into compliance with this chapter. If, within twenty (20) days of receipt of notification, the agency or department advises the commissioner of its intention to contest the notification, the commissioner shall promptly notify the commission, which shall afford an opportunity for a hearing and shall thereafter issue to the governor its findings of fact and recommendations for action. Acts 1972, ch. 561, § 19; 1974, ch. 585, §§ 30, 37; 1977, ch. 111, § 39; T.C.A., § 50-569; Acts 1999, ch. 520, § 41; 2004, ch. 558, § 2. Attorney General Opinions. Tennessee Occupational Safety and Health Administration has no statutory authority to investigate or prosecute a complaint of discrimination by an employee of a state government department or agency pursuant to this section, but such agencies may enter into agreements with the Department of Labor and Workforce Development allowing for investigations and sanctions, OAG 03-115 (9/10/03). Commissioner of the Department of Labor and Workforce Development may issue written notification of noncompliance with the Tennessee Occupational Safety and Health Act to the head of the state department or agency which is the employer, and ultimately issue this notification to the governor, OAG 03-115 (9/10/03).