(a) The commissioner has the authority to revoke any license or registration certificate for violation of any section of this chapter. Upon information received, the commissioner shall, by written notice, establish a hearing for the licensee or registrant. The hearing shall be held within fifteen (15) days from the date of the mailing of the notice. If, after the hearing, the commissioner revokes the license, then the right of appeal is reserved to the licensee or registrant. The commissioner has the power to subpoena any persons or records incident to the hearing and further to administer oaths to those giving evidence. In case of contumacy or refusal to obey a subpoena issued to any person, any circuit or chancery court of this state within the county in which the investigation is carried on, or in which the person guilty of contumacy or refusal to obey is found or resides or transacts business, or has the person’s principal place of business, upon application by the commissioner, shall have jurisdiction to issue to the person an order requiring the person to appear before the commissioner at a specified time and place and then and there produce evidence, if so ordered, or there to give testimony touching the matter under investigation or subject of inquiry, or answer any question, and any failure to obey the order of the court may be punished by the court as a contempt of the order as provided by law. A court reporter shall be in attendance at all revocation hearings other than testers or samplers.
Terms Used In Tennessee Code 53-3-108
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Commissioner: means the commissioner of agriculture or the person authorized to enforce this chapter. See Tennessee Code 53-3-103
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
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 an individual, firm, corporation, company or association. See Tennessee Code 53-3-103
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
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
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
Subpoena: A command to a witness to appear and give testimony.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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.
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) The action of the commissioner may be reviewed by petition for common lawwrit of certiorari addressed to the circuit or chancery court of Davidson County, and the petition shall be filed within ten (10) days from the date of the order of revocation issued by the commissioner. Upon the grant of the writ of certiorari, the commissioner shall certify to the court a complete transcript of the proceedings instituted before the commissioner. This certified transcript shall constitute the whole record, and no additional proof or evidence shall be considered by the circuit or chancery court of Davidson County. The decision of the commissioner shall remain final until the matter has been finally resolved by the courts.(c) If, after revocation of the licensee’s or registrant’s license or registration, the licensee or registrant complies with the requirements of the law as provided and makes manifest, in writing, the licensee’s or registrant’s intentions to immediately observe the law, upon payment of the cost of the hearing, the commissioner may reissue a new license or registration certificate upon payment of the required fees. Reapplication may be made on forms provided by the commissioner, except in no case will reissuance of a license or registration certificate be allowed where fraudulent manipulation of tests or records is shown.(d) It is the expressed intent of this section to preserve any appeal set forth in parts 2 and 3 of this chapter and to leave the appeal set forth in parts 2 and 3 of this chapter unaffected.
