2019 Tennessee Code
Title 43 - Agriculture and Horticulture
Chapter 8 - Pesticides
Part 3 - Aerial Application of Pesticides
§ 43-8-305. Notice and hearing on violations -- Injunctions for violations -- Commissioner's subpoena power -- Penalties -- Petition for review.
(a) In the event the commissioner has reason to believe a licensee has violated any of the provisions of this part, including the rules and regulations promulgated under this part, the licensee shall be notified and a hearing shall be conducted in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(b) The commissioner, on determining that any person may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred. The court, on determining that probable cause of a violation of this part exists, shall issue appropriate injunctive relief.
(c) The commissioner has the power to subpoena any persons or records incident to the hearing and a charge of contumacy may be filed for those who refuse to comply.
(d) Upon a finding that a violation has occurred, the commissioner may:
(1) Issue a civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation;
(2) Permanently revoke the license;
(3) Temporarily revoke the license;
(4) Suspend the license for a definite period of time; or
(5) Impose other conditions as are necessary for environmental or public safety.
(e) The action of the commissioner may be reviewed by filing a petition for review in the chancery court of Davidson County in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The decision of the commissioner shall remain final until modified by the commissioner or by the courts.
