2010 Tennessee Code
Title 53 - Food, Drugs And Cosmetics
Chapter 12 - Vending Machines and Commissaries
53-12-106 - Seizures or condemnations.

53-12-106. Seizures or condemnations.

(a)  (1)  In the event of a seizure or condemnation under this chapter, the aggrieved party shall have the right to file a petition, if the party so desires, with the commissioner, at Nashville, within ten (10) days from the date of the seizure or condemnation, requesting a hearing. The petition shall be in writing and shall clearly show the reasons why the petitioner does not believe that the property should be seized or condemned.

     (2)  The commissioner shall set a date for hearing on the petition within twenty (20) days after the petition is filed.

     (3)  The commissioner is empowered to subpoena witnesses and compel attendance at hearings authorized under this subsection (a). All parties to the proceeding, including the person claiming the property, shall have the right to have subpoenas issued by the commissioner to compel the attendance of all witnesses deemed by the parties to be necessary for a full and complete hearing. All witnesses shall be entitled to the witness fees and mileage provided by law for legal witnesses. The fees and mileage shall be paid as a part of the costs of the proceeding.

     (4)  The commissioner may issue rules and regulations the commissioner deems necessary for the purpose of conducting the hearing.

     (5)  The hearing provided for under this subsection (a) shall be held by the commissioner at any place in the state the commissioner designates.

     (6)  The commissioner may personally hold the hearing and the commissioner is authorized to designate a hearing officer who shall preside at the hearing in the place of the commissioner. The hearing officer shall have power and authority to conduct the hearing, to administer oaths, and make findings of fact, conclusions of law, and the proposed order based the findings of fact and conclusions of law. If the commissioner concurs, the commissioner shall issue the order; or the commissioner may, upon review of the record, make findings, conclusions and issue orders that, in the commissioner's discretion, the record justifies.

     (7)  At all hearings provided for in this subsection (a), the commissioner shall provide a stenographer or court reporter to take a stenographic record of the evidence adduced at the hearing.

(b)  (1)  The decision of the commissioner may be reviewed only by a 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 the order of the commissioner is made.

     (2)  If the petitioner is dissatisfied with the decision of the commissioner, the petitioner shall notify the commissioner in writing of the petitioner's intention to obtain a review of the decision in the circuit court of Davidson County, and the writing shall be accompanied by a corporate surety bond in the amount of five hundred dollars ($500), payable to the state, and the bond shall be conditioned to pay the charge for services of the court reporter in preparing the transcript of the evidence introduced at the hearing, and proceedings had before the commissioner.

     (3)  In the event the petitioner does not obtain the relief prayed in the petitioner's petition for a writ of certiorari in the circuit court of Davidson County after the matter has been adjudicated by the court, the cost of preparing the transcript, together with all witness fees, including mileage, shall be taxed against the petitioner and shall be paid by the petitioner or the surety on the bond filed with the commissioner.

     (4)  Immediately upon the granting of the writ of certiorari, the commissioner shall cause to be made, certified and forwarded to the circuit court of Davidson County the complete transcript of the proceedings in the cause, which shall contain all of the proof submitted before the commissioner.

     (5)  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 is extended by the court.

     (6)  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.

(c)  Either party dissatisfied with the judgment or decree of the circuit court may, upon giving bond as required in other suits, appeal and have a reexamination in that court of the whole matter of law and fact appearing in the record.

     (1)  When the appeal is made, the clerk of the circuit court in which the suit was pending shall include as a 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.

     (2)  The appeal shall be advanced upon the docket of the supreme court and heard as promptly as practicable.

(d)  The remedy and procedure in this section shall be the exclusive method of reviewing all orders of the commissioner issued pursuant to the hearing authorized by this chapter, and shall be the sole remedy of any petitioner or claimant. No judge or any court shall have the authority or jurisdiction to interfere by replevin, injunction, supersedeas or in any other manner, with any order of the commissioner issued pursuant to this chapter, but the order shall remain in full force and effect until the final decision of the supreme court, except where the judgment of the circuit court is not appealed and has become a final judgment.

(e)  When the order of the commissioner, or the judgment of any court becomes final, authorizing a seizure or condemnation, the device, material, article, commodity, product or any other thing being used, possessed or handled in contravention of this chapter shall be destroyed by the commissioner.

(f)  If no petition or claim is interposed, the property seized or condemned shall be forfeited without further proceedings and the property shall be disposed of as provided for in this chapter.

[Acts 1967, ch. 68, §§ 7-11; T.C.A., §§ 52-1507 52-1511; Acts 1989, ch. 147, § 5.]