44-10-205 - License revocation or suspension Hearing Review.
44-10-205. License revocation or suspension Hearing Review.
(a) In the event the commissioner has reason to believe a licensee is guilty of violating any of the provisions of this part, including the rules and regulations promulgated under this part, the commissioner shall conduct a hearing to determine if the license shall be suspended or revoked. A ten-day notice shall be given and the hearing conducted at Ellington Agricultural Center, Nashville.
(b) The commissioner has the power to subpoena any persons or record incident to the hearing, and a charge of contumacy may be filed for those who refuse to comply; and the commissioner may administer oaths to those giving evidence. A court reporter shall be in attendance.
(c) Following the hearing, the commissioner may:
(1) Permanently revoke the license;
(2) Temporarily revoke the license; or
(3) Suspend the license for a definite period of time.
(d) The action of the commissioner may be reviewed by common law writ of certiorari to the chancery or circuit court of the county of the licensee who is the subject of the commissioner's action, and the petition shall be filed within ten (10) days from the date of the commissioner's order. Upon the grant of the writ of certiorari, the commissioner shall certify to the court a complete transcript of the proceedings instituted before the commissioner. This certified transcript shall constitute the whole record, and no additional proof or evidence shall be considered by the chancery court of Davidson County.
(e) The decision of the commissioner shall remain final until modified by the commissioner or by the courts.
[Acts 1973, ch. 112, § 5; T.C.A., § 44-1914.]