(a) If a parent requests a hearing pursuant to this part to contest the court’s intention to issue a finding of noncompliance to a licensing authority, the court shall conduct the hearing only to determine:
Terms Used In Tennessee Code 36-6-504
Licensee: means any individual holding a license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, or to hunt or fish. See Tennessee Code 36-6-501
Licensing authority: means the board, commission, or agency, excluding the department of safety, that has been established by statute or state regulation to oversee the issuance and regulation of any license. See Tennessee Code 36-6-501
Not in compliance with an order of visitation: means that one parent has intentionally interfered with implementation of a schedule of court-ordered visitation on two (2) or more occasions in any six-month period. See Tennessee Code 36-6-501
Order of visitation: means any order granting a noncustodial parent the right to visit with such parent's child on days and times determined by the court. See Tennessee Code 36-6-501
(1) Whether the licensee is a parent subject to an order of visitation;(2) Whether the licensee is not in compliance with an order of visitation; and(3) Whether good cause exists to impose the licensing sanctions provided for in this part.(b) The parties may enter into a consent order wherein the parent in violation agrees to henceforth comply with the order of visitation. Upon entry of such an order the proceedings for licensing sanctions shall be further stayed unless there is noncompliance with the consent order. In the event of noncompliance with the consent order, the stay shall cease and the court shall certify to each affected licensing authority that such parent is not in compliance with an order of visitation. Entry of such consent order shall constitute a waiver of such parent’s right to any hearing on the issue of noncompliance with an order of visitation based upon the notice of noncompliance for which the consent order has been entered.(c) The cost of this action and reasonable attorney’s fees shall be taxed to the parent who is not in compliance with an order of visitation. The cost of this action and reasonable attorney’s fees shall be assessed against any parent who, in bad faith, petitions the court for imposition of sanctions pursuant to this part.
