(a) All documents assessing civil penalties shall be promptly filed with the administrative procedures division of the secretary of state.
Terms Used In Tennessee Code 68-11-815
Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b)(1) Thereafter, should the health facilities commission elect not to proceed to prosecute the assessment, the commission shall file a notice of dismissal, detailing and explaining the reasons for its decision.(2) The notice of dismissal shall be maintained upon the public record and copies filed with the Tennessee commission on aging and disability and the commissioner of disability and aging.(c)(1) Within thirty (30) days of its entry, a third party may petition the administrative judge to reinstate the penalty proceeding.(2) The administrative judge may grant the petition if it demonstrates that the petitioner’s legal rights, duties or legal interests were the subject of the original proceeding, if the administrative judge determines that the petitioner is properly prepared to prosecute the action, and if the administrative judge also determines that the interests of justice and the orderly and prompt conduct of the proceedings shall not be impaired by allowing the reinstatement.(3) Should the assessment of the penalty be reinstated, the administrative judge may, in the administrative judge’s discretion, either excuse the health facilities commission or require the commission to participate in the proceeding.
