2019 Tennessee Code
Title 50 - Employer and Employee
Chapter 6 - Workers' Compensation Law
Part 9 - Construction Services Providers
§ 50-6-906. Refusal by secretary of state to file application -- Reversal or modification by court -- Hearing -- Appeal.
(a) If the secretary of state refuses to file an application and list the construction services provider on the registry, the secretary of state shall return such application to the provider within ten (10) business days after the document was received for filing, together with a brief, written explanation of the reason for the secretary of state's refusal to file.
(b) If the secretary of state refuses to file an application and list a provider on the registry, the provider may appeal the refusal to the chancery court of Davidson County. The appeal shall be commenced by petitioning the court to compel listing such provider on the registry and shall attach to the petition the application and the secretary of state's explanation of the secretary of state's refusal to file.
(c) The court may reverse or modify the actions of the secretary of state if the rights of the provider have been prejudiced because the secretary of state's actions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the secretary of state;
(3) Made upon unlawful procedure; or
(4) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(d) After any hearing deemed necessary by the court, the court may summarily order the secretary of state to list such provider on the registry or take other action the court considers appropriate.
(e) The court's final decision may be appealed as in other civil proceedings.
