Tennessee § 62-21-119 - Denial, suspension, modification or revocation of charter, license or certificate — Penalties — Warnings.

§ 62-21-119. Denial, suspension, modification or revocation of charter, license or certificate — Penalties — Warnings.

If the commissioner has reason to believe that any person has violated this chapter, including its rules, or has used economic poison in violation of the Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in title 43, chapter 8, parts 1 and 2, including its rules, the commissioner may: Deny, revoke, suspend, or modify a license, charter, or certification. The denial, suspension, revocation, or modification may be indefinite or for a time certain; Impose civil penalties of up to one thousand dollars ($1,000) for each violation or issue a warning notice; or Deny, revoke, suspend, or modify a license, charter, or certification pursuant to subdivision (a)(1)(A) and impose civil penalties pursuant to subdivision (a)(1)(B). The commissioner shall send the person against whom a violation is alleged written notice setting forth the charges. The person shall have ten (10) days from the date the notice was sent to request a hearing. If a hearing is requested, it shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A charter shall automatically be suspended should the licensed pest control operator whose name appears on the charter cease to be in charge of the charter holder's pest control operations. A grace period of no more than one hundred twenty (120) days may be granted to the charter holder so that another qualified person may be examined in accordance with this chapter. Acts 1978, ch. 844, § 19; T.C.A., § 62-2119; Acts 1988, ch. 545, § 11; 2015, ch. 198, § 1. Attorney General Opinions. The Commissioner of Agriculture must conduct a hearing, upon notice and without request, before any action may be taken against a charter, license, or certification, or any civil monetary penalty may be imposed; however, the commissioner may issue a warning notice without a hearing, OAG 00-189, 2000 Tenn. AG LEXIS 193 (12/20/00). The Commissioner of Agriculture has authority to impose penalties at his discretion for any amount up to $1,000 for each violation of title 62, chapter 21 or title 43, chapter 8, parts 1 and 2, and the rules and regulations promulgated under these respective chapters, OAG 00-189, 2000 Tenn. AG LEXIS 193 (12/20/00).