(a) In all proceedings for the suspension or revocation of licenses under this chapter, the holder of the license shall be served with a complaint specifying the charges against the holder and shall be given fifteen (15) days’ notice to prepare for a hearing, where the holder shall be heard in person or by counsel or by both. The commissioner has the power to administer oaths, issue subpoenas, and enforce the attendance of witnesses at the hearing of all matters arising pursuant to the enforcement of this chapter. The commissioner, with the approval of the attorney general and reporter, has the power to make all needed rules for the proceedings in a hearing, and in case any witness shall fail or refuse to obey a subpoena issued by the commissioner, the commissioner may issue an attachment for the witness, directed to any highway patrol officer, sheriff or constable of the state, and compel the witness to attend before the commissioner and give testimony upon matters that are lawfully required by the commissioner. A full and complete record of the hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of the proceedings at the usual cost.

Terms Used In Tennessee Code 55-19-108

  • 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.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Commissioner: means the commissioner of revenue. See Tennessee Code 55-1-111
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
  • Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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.
(b) No later than sixty (60) days following the hearing, the commissioner shall issue an order as may be appropriate under the circumstances and may, if the facts adduced at the hearing warrant, suspend for any period or revoke any license issued under this chapter.
(c) The action of the commissioner and the order issued by the commissioner may be reviewed by petition for common law writ of certiorari, addressed to the circuit court of Davidson County, which petition shall be filed within ten (10) days from the date of the order of the commissioner.
(d) Immediately upon the grant of the writ of certiorari, the commissioner shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause, which shall contain all the proof submitted before the commissioner. All defendants named in the petition desiring to make defense shall answer or otherwise plead to the petition within ten (10) days from the date of the filing of the transcript, unless the time be extended by the court.
(e) The decision of the commissioner shall be reviewed by the circuit court solely upon the pleadings and the transcript of the proceedings before the commissioner, and neither party shall be entitled to introduce any additional evidence in the circuit court.
(f) Either party dissatisfied with the judgment or decree of the circuit court may, upon giving bond as required in other suits, appeal to the supreme court, and have a reexamination, in that court, of the whole matter of law and fact appearing in the record. When any appeal is made, the clerk of the circuit court in which the suit was pending shall include as part of the record the original certified transcript of the proceedings had before the commissioner when identified by the trial judge, instead of a bill of exceptions, which need not be made and filed.
  Previous section
Next section  
 Chapter 19 Contents