Tennessee § 68-201-107 - Powers and duties of technical secretary.

§ 68-201-107. Powers and duties of technical secretary.

The technical secretary or such secretary's authorized representative has the power and duty to: Attend all meetings of the board, but not be entitled to a vote; Exercise general supervision over all persons employed by the board and by the air pollution control division or service of the department; Make or cause to be made such investigations as the board may direct or authorize, or as may be warranted due to receipt of information concerning an alleged violation of this part or of any rule, regulation or order promulgated under this part; or as the technical secretary otherwise deems advisable, and for this purpose the technical secretary shall have the right to enter at all reasonable times in or upon any private or public property except private residences; Endeavor to the fullest extent possible to obtain compliance with this part and with rules and regulations promulgated pursuant to this part by conference, conciliation and persuasion; Issue formal notice of complaint and prosecute such complaints before the board; Handle correspondence, keep records, prepare reports and perform such other duties as the board may direct or authorize or as may ensue as an employee of the department; Initiate alert, warning and emergency action in accordance with emergency episode plans and procedures promulgated as rules or regulations by the board; At the technical secretary's discretion, request the presence of an alleged violator of this part or of the regulations at an informal meeting of the staff of the division of air pollution control to show cause why further enforcement action ought not be taken by the department. The proceedings of this meeting need not be recorded; and Establish an expedited review process for any permit filed by a combined heat and power plant or a recoverable waste energy plant as such plant is defined under Subtitle D of the 2007 Energy Independence and Security Act, P.L. 110-140, H.R. 6. [Deleted by 2013 amendment, effective July 1, 2013.] Acts 1967, ch. 367, § 7; 1970, ch. 539, § 1; 1971, ch. 362, § 8; 1973, ch. 325, § 3; 1979, ch. 299, § 7; T.C.A., § 53-3414; Acts 1984, ch. 788, § 6; T.C.A., § 68-25-107 ; Acts 2008, ch. 730, § 2; 2013, ch. 181, § 2. Compiler's Notes. For the Preamble to the act relative to the treatment of certain facilities designed to contribute to industrial energy efficiency under the 2007 federal “Energy Independence and Security Act” (P.L. 110-140), please refer to Acts 2008, ch. 730. Acts 2013, ch 181, § 19 provided that for the purpose of construing the act in relation to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the act shall be deemed to be procedural in nature. It is the intent of the general assembly that Acts 2013, ch. 181 and the Uniform Administrative Procedures Act shall be complied with, however when in conflict; the provisions of Acts 2013, ch. 181 shall govern. Acts 2013, ch 181, § 20 provided that the act, which deleted subsection (b), shall apply to all cases filed on or after July 1, 2013. Former title 68, ch. 25, parts 1 and 2 were transferred to title 68, ch. 201, parts 1 and 2 in 1992. See the parallel reference table in § 68-201-101 for the former and new section locations. Amendments. The 2013 amendment deleted (b) which read: “The respondent or petitioner to such hearing may appeal the determination or order of the technical secretary to the board by delivery of such appeal in writing to the technical secretary within fifteen (15) days following receipt of the order or determination from the technical secretary. Any order not appealed within fifteen (15) days following receipt of the order or determination by the technical secretary shall be enforceable as though issued by the board.” Effective Dates. Acts 2013, ch. 181, § 20. July 1, 2013.