Tennessee § 65-3-105 - Enforcement of regulations and orders.

§ 65-3-105. Enforcement of regulations and orders.

The department of transportation is to perform all duties imposed upon it by this chapter and chapter 5 of this title, and see that such companies shall comply with all such regulations and orders as it may reasonably and lawfully make. If any such company fails or refuses to comply with such reasonable and lawful regulations and orders, it shall be the duty of the department of transportation to enforce the same. Power is given the department of transportation to enforce the same by mandamus or mandatory injunction, or by other summary proceedings provided by law. In all such proceedings, the orders, regulations, rates and tariffs made and fixed by the department of transportation pursuant to this chapter and chapter 5 of this title shall be taken and treated as prima facie reasonable and valid. It is made the duty of the courts having jurisdiction in such proceedings to hear and determine all such summary causes as speedily as practicable, giving preference or priority thereto as in revenue causes. Acts 1897, ch. 10, § 32; 1915, ch. 92, § 1; Shan., § 3059a69; Acts 1921, ch. 70, § 2; mod. Code 1932, § 5445; T.C.A. (orig. ed.), § 65-305; Acts 1995, ch. 305, § 10. Law Reviews. An Examination of the Tennessee Law of Administrative Procedure (George Street Boone), 1 Vand. L. Rev. 339 (1947-1948). Collateral References. Constitutionality and construction of statute imposing upon public service corporation expense of investigation of its affairs. 101 A.L.R. 197 . Federal control as affecting right to enforce order. 4 A.L.R. 1680 , 8 A.L.R. 969 , 10 A.L.R. 956 , 11 A.L.R. 1450 , 14 A.L.R. 234 , 19 A.L.R. 678 , 52 A.L.R. 296 . Necessity of some evidence at hearing to support decision of commission. 123 A.L.R. 1349 . Railroad company as proper party to proceeding during federal control to compel trains to stop at certain city. 19 A.L.R. 678 , 52 A.L.R. 296 , 137 A.L.R. 504 .