2019 Tennessee Code
Title 43 - Agriculture and Horticulture
Chapter 8 - Pesticides
Part 3 - Aerial Application of Pesticides
§ 43-8-315. Recovery by the department of costs of disciplinary hearings -- Payment of penalties and costs -- Failure to make payment.
(a) Notwithstanding any contrary provision of law, the department shall recover, in addition to civil penalties, the actual and reasonable costs of the hearing of any disciplinary action held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized or regulated by the department or its respective divisions, boards, commissions or agencies. These costs shall include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, expert witnesses, administrative judges, court reporters and any other persons involved in the prosecution and hearing of the action.
(b)
(1) All civil penalties and costs assessed pursuant to this part shall be paid within thirty (30) days after the date a final order is entered.
(2) If the individual or entity disciplined fails to pay the civil penalty or costs assessed within thirty (30) days after the date a final order is entered, the department is entitled, as a matter of law, to a judgment directing the person to pay the civil penalties and costs to the department. Jurisdiction for recovery of civil penalties and costs shall be in the chancery court of Davidson County.
