2010 Tennessee Code
Title 69 - Waters, Waterways, Drains And Levees
Chapter 3 - Water Pollution Control
Part 1 - Water Quality Control Act
69-3-110 - Hearings.

69-3-110. Hearings.

(a)  Any hearing or rehearing brought before the board shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3; provided, that hearings may be conducted by the board at a regular or special meeting by any member or panel of members of the board designated by the chair to act in its behalf, or the chair may designate hearing examiners who shall have the power and authority to conduct hearings in the name of the board.

(b)  In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of Davidson County, or the chancery court of the county in which the hearing is conducted, shall have jurisdiction upon application of the board or commissioner to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt.

(c)  If the hearing is held before any person or persons designated by the chair, the recommendation for findings of fact and conclusions of law, shall be transmitted to the board and the party affected. The parties may submit for the board's consideration, within thirty (30) days, exceptions to the recommended findings or conclusions and supporting reasons for such exceptions.

(d)  The decision of the board shall become final and binding on all parties unless appealed to the courts as provided in § 69-3-111.

(e)  Any person to whom an emergency order is directed pursuant to § 69-3-109(b) shall comply immediately, but on petition to the board shall be afforded a hearing as soon as possible, but in no case shall such hearing be held later than three (3) days from the receipt of such petition by the board.

(f)  Any hearing required by the provisions of this section or chapter shall be conducted in accordance with the provisions of § 13-18-114 when the hearing involves a major energy project, as defined by § 13-18-102.

[Acts 1971, ch. 164, § 9; 1971, ch. 386, § 4; 1973, ch. 98, § 5; 1977, ch. 366, § 1; 1981, ch. 131, § 44; T.C.A., § 70-332; Acts 1984, ch. 804, § 7; 2007, ch. 362, § 37.]