Tennessee § 56-8-108 - Additional powers of commissioner.

§ 56-8-108. Additional powers of commissioner.

In addition to any other authority granted in this part, the commissioner shall have the authority to declare by rule certain acts to be unfair trade practices or unfair methods of competition or unfair or deceptive acts or practices in the business of insurance that are not specifically defined in this part. The commissioner may promulgate the rules by emergency rules upon making a finding that such is in the public interest. The commissioner, at the rulemaking hearing, may administer oaths, and receive oral and documentary evidence. The commissioner shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence or other documents the commissioner deems relevant to the inquiry; provided, however, that in the case of depository institutions, the commissioner shall have the power to require the production of books, papers, records, correspondence or other documents that the commissioner deems relevant to the inquiry only on the insurance activities of the depository institution. No person shall be compelled to provide a document or disclose information that is privileged under statutory or common law. The commissioner may and, upon the request of any party, shall cause to be made a stenographic record of all the evidence and all the proceedings at the hearing. In case of a refusal of any person to comply with any subpoena or to testify with respect to any matter concerning which that person may be lawfully interrogated, the chancery court of Davidson County or the county where the person resides, on application of the commissioner, may issue an order requiring the person to comply with the subpoena and to testify. Any failure to obey any order of the court may be punished by the court as contempt. Acts 2008, ch. 1079, §§ 1, 9; 2009, ch. 566, § 12. Compiler's Notes. Former chapter 8 (Acts 1895, ch. 160, §§ 28, 29; 1907, ch. 455, §§ 1-4; 1907, ch. 456, §§ 1, 2; Shan., §§ 3312, 3312 (a) (1), 3313, 3348a18 — 3348a23; Acts 1919, ch. 24, §§ 1-3; 1919, ch. 176, § 1; Shan. Supp., §§ 3348a7b1 — 3348a7b3; Code 1932, §§ 6132-6134, 6176-6178, 6189-6194; Acts 1937, ch. 271, § 1; 1937, ch. 272, § 1; 1947, ch. 202, §§ 2-13; C. Supp. 1950, §§ 6134, 6176, 6459.46 — 6459.57; Acts 1967, ch. 140, § 1; 1976, ch. 437, § 1; 1978, ch. 693, §§ 1-3; T.C.A. (orig. ed.), §§ 56-1202 — 56-1227, §§ 56-8-101 — 56-8-113 , 56-8-201 — 56-8-214 ), concerning unfair competition and unlawful practices, was repealed by Acts 1981, ch. 347, § 1. Former part 1, §§ 56-8-101 — 56-8-120 (Acts 1981, ch. 347, §§ 2-19; 1982, ch. 921, §§ 1, 2; 1984, ch. 582, § 2; 1985, ch. 349, § 1; 1988, ch. 690, § 1; 1989, ch. 26, § 1; 1989, ch. 564, § 7; 1993, ch. 198, § 1; 1993, ch. 369, § 1; 1996, ch. 654, § 1; 2000, ch. 851, § 2; Acts 2001, ch. 107, § 1; 2003, ch. 31, §§ 6, 7; 2003, ch. 54, § 1; 2004, ch. 962, §§ 39, 40; 2007, ch. 339, §§ 2, 3), concerning unfair competition and deceptive acts, was repealed effective January 1, 2009, by Acts 2008, ch. 1079, § 1, which also enacted a new title 56, ch. 8, part 1 effective January 1, 2009. Acts 2009, ch. 566, § 12 provided that the Tennessee code commission is directed to change all references to public necessity rules, wherever such references appear in this code, to emergency rules, as sections are amended and volumes are replaced. Cross-References. Certified mail in lieu of registered mail, § 1-3-111 .