(a) It is an offense for a supervisor to intentionally:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
criminal case

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Terms Used In Tennessee Code 39-16-410

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • 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
(1) Instruct, direct, or encourage an employee to make a false statement, entry, notation, or report during or in relation to an audit;
(2) Alter, destroy, or conceal information, documentation, or material having evidentiary value to an audit; or
(3) Interfere with, impede, obstruct, or limit access to any information, documentation, or communication that is requested during or in relation to an audit.
(b) It is an offense for an employee to intentionally interfere with, impede, or obstruct any information, documentation, or communication that is requested during or in relation to the audit if that employee, based on experience, training, and longevity, knew or should have known what information, documentation, or communication was being requested.
(c) A violation of subsection (a) or (b) is a Class A misdemeanor.
(d) Charges for a violation of subsection (a) or (b) may be brought only by indictment, presentment, or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint.
(e) As used in this section, unless the context otherwise requires:

(1) “Audit” means any audit or investigation conducted by or on behalf of the comptroller of the treasury;
(2) “Employee” means an individual who works under a supervisor and who receives compensation from the state;
(3) “Limit access” means any time a supervisor requires the presence of a supervisor before:

(A) Allowing information to be reviewed during the audit process; or
(B) Allowing communication between employees and auditors or investigators of the comptroller of the treasury; and
(4) “Supervisor” means an employee of the state who manages, supervises, directs, or controls the employment status, work, or responsibility of any employee. “Supervisor” includes, but is not limited to, any commissioner, executive director, or staff director.
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