(a) Subject to the due process requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, any person registered under this part may have such license denied, revoked or suspended for a fixed period to be determined by the council for any of the following causes:
Terms Used In Tennessee Code 63-17-219
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.
Conviction: A judgement of guilt against a criminal defendant.
Council: means the council for licensing hearing instrument specialists. See Tennessee Code 63-17-201
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.
Fraud: Intentional deception resulting in injury to another.
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: means any individual, organization or corporate body except that only individuals can be licensed under this chapter. See Tennessee Code 63-17-103
Probable cause: A reasonable ground for belief that the offender violated a specific law.
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
Subpoena: A command to a witness to appear and give testimony.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1)Conviction of an offense involving moral turpitude. The record of such conviction or certified copy thereof from the clerk of the court where such conviction occurred or by the judge of such court is sufficient evidence to warrant revocation or suspension;(2) Securing a license under this part through fraud or deceit;(3) Unethical conduct, gross and/or repeated acts of ignorance or inefficiency in the conduct of such person’s practice;(4) Knowingly practicing while suffering with a contagious or infectious disease;(5) Use of a false name or alias in the practice of the profession; and(6) Violating any of this part.(b)(1) The council shall promulgate rules governing the assessment of costs against a licensee or other person found by the council to have violated any provision of this chapter. The costs assessed by the council may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The council shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person.(2)(A) Any elected officer of the council or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the council, by a vote of two-thirds (2/3) of the members to which the council is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records.(B) Service of a subpoena issued by the council shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served.(C)(i) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the council for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the council votes upon the request to quash or modify the subpoena. A majority vote of the members to which the council is entitled shall be required to quash or modify a subpoena.(ii) A motion to appeal from a decision by the council regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.(D) If any witness fails or refuses to obey a subpoena issued by it, the council is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides, and the court shall have power to attach the body of the witness and compel the witness to appear before the council and give testimony or produce books, records or papers as ordered; and any failure to obey the court order may be punished by the court issuing the order as a civil contempt.(E) Each witness who appears before the council by order of the council shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the council in the same manner as all other expenses of the council are paid.(c)(1) The board shall promulgate rules governing the assessment of costs against a licensee or other person found by the board to have violated any provision of this chapter. The costs assessed by the board may include only those costs directly related to the prosecution of the charges against the licensee or other person, including investigatory costs where appropriate. The board shall determine the appropriate amount of costs, if any, to be assessed in a contested case. These costs shall be reasonable and proportionate in light of the violation committed by the licensee or other person.(2)(A) Any elected officer of the board or any duly appointed or elected chair has the authority to administer oaths to witnesses. Upon probable cause being established, the board, by a vote of two-thirds (2/3) of the members to which the board is entitled, may issue subpoenas for the attendance of witnesses and the production of documents and records.(B) Service of a subpoena issued by the board shall be made by the sheriff of the county of residence of the licensee or person upon whom the subpoena is served.(C)(i) A licensee or person served by subpoena shall have thirty (30) days to request in writing a hearing before the board for the sole purpose of making a special appearance to quash or modify the subpoena. The subpoena for attendance of the person or the production of books and records shall be stayed until the board votes upon the request to quash or modify the subpoena. A majority vote of the members to which the board is entitled shall be required to quash or modify a subpoena.(ii) A motion to appeal from a decision by the board regarding a request to quash or modify a subpoena shall be made to the chancery court in Davidson County within fifteen (15) days of such decision.(D) If any witness fails or refuses to obey a subpoena issued by it, the board is authorized to make application to any court of record in this state within the jurisdiction of which the witness is found or resides; and the court shall have power to attach the body of the witness and compel the witness to appear before the board and give testimony or produce books, records or papers as ordered, and any failure to obey the court order may be punished by the court issuing the order as a civil contempt.(E) Each witness who appears before the board by order of the board shall receive for attendance the compensation provided by law for attendance of witnesses in a court of record, which shall be paid from the funds of the board in the same manner as all other expenses of the board are paid.
