Tennessee § 50-6-906 - Refusal by secretary of state to file application — Reversal or modification by court — Hearing — Appeal.

§ 50-6-906. Refusal by secretary of state to file application — Reversal or modification by court — Hearing — Appeal.

If the secretary of state refuses to file an application and list the construction services provider on the registry, the secretary of state shall return such application to the provider within ten (10) business days after the document was received for filing, together with a brief, written explanation of the reason for the secretary of state's refusal to file. If the secretary of state refuses to file an application and list a provider on the registry, the provider may appeal the refusal to the chancery court of Davidson County. The appeal shall be commenced by petitioning the court to compel listing such provider on the registry and shall attach to the petition the application and the secretary of state's explanation of the secretary of state's refusal to file. The court may reverse or modify the actions of the secretary of state if the rights of the provider have been prejudiced because the secretary of state's actions are: In violation of constitutional or statutory provisions; In excess of the statutory authority of the secretary of state; Made upon unlawful procedure; or Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. After any hearing deemed necessary by the court, the court may summarily order the secretary of state to list such provider on the registry or take other action the court considers appropriate. The court's final decision may be appealed as in other civil proceedings. Acts 2010, ch. 1149, § 13. Compiler's Notes. Acts 2010, ch. 1149, § 17 provided that the provisions of the act, which enacted this part, shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act. Acts 2010, ch. 1149, § 19, provided in part that: The secretary of state is authorized to promulgate rules and regulations to effectuate the purposes of the act, which added this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, that the secretary of state shall permit: Construction services providers not currently licensed by the board for licensing contractors, but who qualify for a construction services provider registration, to apply for a workers' compensation exemption on or after January 1, 2011; and Construction services providers licensed by the board for licensing contractors to apply for a workers' compensation exemption on or after February 1, 2011. The secretary of state shall remove the construction services provider's name from the registry at the close of business on the day the provider's exemption expires. If the exemption expires on a day that state offices are closed or the secretary of state's office is closed, the exemption shall expire at the close of business on the next business day. A construction services provider whose registration expires under this section may renew the exemption by following the procedure outlined in § 50-6-904.