(a) The commissioner is authorized to suspend or revoke a certificate of registration for good cause, which includes, but is not limited to: taking of unfair advantage of an owner of a device; failure to have test equipment or standards certified; failure to use adequate testing equipment; failure to adjust commercial or law enforcement devices to comply with Handbook 44 subsequent to service, repair, or installation; or failure to accurately and completely submit required forms to the state weights and measures office in the manner prescribed.
Terms Used In Tennessee Code 47-26-1112
Commissioner: means the commissioner of agriculture or the commissioner's duly appointed representative. See Tennessee Code 47-26-1102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
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
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) The commissioner is authorized to suspend or revoke the license of any registered serviceperson/registered service agency:
(1) When, after a formal or informal hearing held following ten (10) days notice to the licensee, the commissioner is satisfied that the licensee has violated any provision of this part or of any regulation under this part; provided, that:
(A) Upon such hearing the person cited may be heard in person or with counsel, or both, may present evidence, and may cross-examine witnesses;(B) A full and complete record of such hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of such proceedings at the usual cost; and(C) The commissioner is hereby authorized, at the commissioner’s discretion, to appoint and designate a hearing officer who shall preside at the hearing in the place or in the absence of the commissioner. The hearing officer has the power and authority to conduct the same, to administer oaths, and make findings of fact, conclusions of law, and the proposed order based thereon. If the commissioner concurs, the commissioner shall issue the order, or may upon review of the record make such findings, conclusions and issue such order as in the commissioner’s discretion the record justifies;(2) When the licensee has been convicted in any court of competent jurisdiction of violating any provision of this part or of any regulation under this part; or(3) When the licensee is convicted of any felony.
