(a) Any person may file with the commissioner a signedcomplaint against any person allegedly violating any provisions of this part.
Terms Used In Tennessee Code 68-221-915
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 environment and conservation or the commissioner's duly authorized representative. See Tennessee Code 68-221-903
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) Unless the commissioner determines that such a complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and shall notify the alleged violator of what action, if any, the commissioner will take.(c) In all cases, the commissioner shall notify the complainant of the commissioner’s action or determination within ninety (90) days from the date of the commissioner’s receipt of the written complaint.(d)(1) If either the complainant or the alleged violator believes that the commissioner’s action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing which will be conducted pursuant to this part.(2) Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner.(e) If the commissioner fails to take the action stated in the commissioner’s notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure.(f) The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing such complainant’s complaint.
