(a) Upon a complaint by a wholesaler and upon investigation by the commissioner of agriculture and after the commissioner determines that a refinery, supplier or permissive supplier in this state is in willful noncompliance with this part, the commissioner of agriculture may assess fines up to five thousand dollars ($5,000) per day for each day of the willful violation. The fines shall be used to pay for the cost of investigation, hearing and other related administrative costs. The remainder of the funds shall be used to fund grants designated by the commissioner of agriculture for the promotion of biofuel research, technology or agricultural development, biofuel production facilities or retail infrastructure and installation for biofuel distribution.

Terms Used In Tennessee Code 47-25-2005

  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Permissive supplier: means any person that is not subject to the general taxing jurisdiction of this state, but that:
    (A) Is a position holder in a federal qualified terminal located outside this state. See Tennessee Code 47-25-2002
  • Refiner: means a person that owns, operates or otherwise controls a refinery within the United States. See Tennessee Code 47-25-2002
  • Refinery: means a facility used to produce motor fuel from crude oil, unfinished oils, natural gas liquids or other hydrocarbons, and from which motor fuel may be removed by pipeline, by marine vessel or at a rack. See Tennessee Code 47-25-2002
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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
  • Supplier: means a person that meets all the following conditions:
    (A) Is subject to the general taxing jurisdiction of this state. See Tennessee Code 47-25-2002
  • Wholesaler: means an entity that acquires petroleum products from a supplier, importer or from another wholesaler for subsequent sale and distribution at wholesale by tank cars, transport trucks or vessels, and subsequently resells to retailers, other wholesalers or to consumers from its own or its wholly owned affiliated retail locations. See Tennessee Code 47-25-2002
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) Upon receiving a complaint and initiating an investigation, the commissioner or the commissioner’s agent, presenting appropriate credentials, is authorized to enter the place of business of any refiner, supplier or permissive supplier in this state during normal business hours to examine, and obtain samples of, such records as may be necessary to determine compliance with this part. Refiners, suppliers and permissive suppliers in this state shall hold the records open for inspection by all officers or inspectors charged with the enforcement of this part, and shall preserve and retain the records for a period of at least one (1) year. If the owner of any refiner, supplier or permissive supplier, or the owner’s agent, refuses to admit the commissioner, or the commissioner’s agent, to inspect in accordance with this section, the commissioner is authorized to obtain from any state court a court order directing the owner or the owner’s agent to submit the premises described in the warrant to inspection.
(c) A refinery, supplier, or permissive supplier who is aggrieved by a proposed departmental order to enforce provisions of this part shall be entitled to a contested case hearing to be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
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