2010 Tennessee Code
Title 62 - Professions, Businesses and Trades
Chapter 21 - Tennessee Application of Pesticides Act of 1978
Part 1 - General Provisions
62-21-118 - Powers and duties of commissioner.

62-21-118. Powers and duties of commissioner.

(a)  The commissioner has the power and duty to:

     (1)  Administer this chapter;

     (2)  Promulgate rules and regulations that are consistent with the requirements of the United States environmental protection agency implementing and supplementing this chapter and provide for its orderly administration;

     (3)  Issue licenses upon approval by the board, collect appropriate fees and issue charters upon application and qualification as provided by this chapter;

     (4)  Determine requirements for and issue certification and recertification for users of restricted use pesticides;

     (5)  Promulgate rules and regulations concerning handling and usage of pesticides;

     (6)  Classify pesticides as to whether of general or restricted use;

     (7)  Hold hearings and deny, revoke, modify or suspend charters, licenses and certification, and/or impose civil penalties of up to one thousand dollars ($1,000) for each violation;

     (8)  The commissioner or the commissioner's designee may enter any place during normal business hours where pesticides are used or stored for the purposes of inspection, sampling or observation;

     (9)  Through rule and regulation require the maintenance or filing of records;

     (10)  Issue subpoenas for persons and records incidental to any hearing; and

     (11)  Inspect periodically the operation and conduct of a charter holder, licensee or certificate holder.

(b)  The commissioner shall promulgate rules and regulations that may be requested by a two-thirds' (2/3) affirmative vote of the legislative body of any municipal or county government within any county having a population of less than two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, that have as their purpose the regulation of the use of pesticides in their specific area of jurisdiction. These regulations must be reasonable and not in conflict with state or federal law and regulations, but for good cause shown may be more stringent than those standards.

[Acts 1978, ch. 844, § 18; T.C.A., § 62-2118; Acts 1988, ch. 545, § 10; 1988, ch. 878, § 6; 1992, ch. 667, § 6.]