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2017 Tennessee Code
Title 69 - Waters, Waterways, Drains and Levees
Chapter 11 - Dams
§ 69-11-118. Hearings before commissioner.
Universal Citation: TN Code § 69-11-118 (2017)
- (a) Except as provided in § 69-11-117 regarding emergency situations, any person aggrieved by any order, determination, regulation, or ruling of the commissioner may, within sixty (60) days of the effective date of such order, determination, regulation, or ruling, make application to the commissioner for a hearing on the grievance.
- (b) Any hearing or rehearing under this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
- (c) A verbatim record of the proceedings of such hearings shall be taken. The transcript so recorded shall be made available to the petitioner or any party to a hearing upon payment of a charge set by the commissioner to cover the costs of preparation.
- (d) In connection with the hearing, the commissioner shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. The commissioner may administer oaths and examine witnesses. Witnesses shall be reimbursed for all travel and other necessary expenses, which shall be claimed and paid in accordance with the prevailing travel regulations of the state. 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 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.
- (e) On the basis of the evidence produced at the hearing, the commissioner shall make findings of fact and conclusions of law and enter such decisions and orders as in the commissioner's opinion will best further the purposes of this chapter, and shall give written notice of such decisions and orders to the petitioner. The decision issued under this subsection (e) shall be issued no later than thirty (30) days following the close of the hearing by the commissioner.
- (f) The decision of the commissioner shall become final and binding on all parties subject to judicial review as provided in § 4-5-322.
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