Commissioner: means the commissioner of environment and conservation or the commissioner's duly authorized representative. See Tennessee Code 68-221-903
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.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) Adopt, modify, repeal, promulgate in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and, after due notice, enforce rules and regulations which the board deems necessary for proper administration of this part;(2) Hold at least one (1) examination annually at a designated time and place for the purpose of examining candidates for certification;(3) Advertise and promote the program;(4) Encourage other operators to become certified besides those required by law;(5) Distribute applications and notices;(6) Receive and evaluate applications;(7) Prepare, conduct and grade examinations;(8) Set up a system of fees and late penalties for applicants to support the expenses of the program;(9) Maintain all records of the program, and maintain a register of certified operators;(10) Promote and schedule regular training schools and programs;(11) Hear appeals from any order or ruling issued by the commissioner, and affirm, modify or revoke such order or ruling; issue notices of such appeals and subpoenas requiring attendance of such witnesses and production of such evidence; administer oaths; and take such testimony as the board deems necessary. Any such appeals must be filed with the board within thirty (30) days of issuance of such order or ruling; and(12) Recommend to the commissioner the staff required to effectively administer the requirements of this part.(b) The board has the authority to hear appeals from orders and civil penalties made or assessed by the commissioner under this part.
