44-17-706 - Reasons commissioner may refuse to issue or renew a license, may revoke or suspend a license or impose other discipline Penalties Appeal of order Injunctive relief Payment of costs of
44-17-706 Reasons commissioner may refuse to issue or renew a license, may revoke or suspend a license or impose other discipline Penalties Appeal of order Injunctive relief Payment of costs of investigation and prosecution. [Effective January 1, 2010 until June 30, 2014. See the Compiler's Notes.]
(a) The commissioner may refuse to issue or renew a license of a commercial breeder, may revoke or suspend a license of any commercial breeder or impose any other lawful discipline against a licensee for any of the following reasons:
(1) A violation by the licensee of the Tennessee Consumer Protection Act of 1977, codified in title 47, chapter 18, part 1, that relates to the operation of dog kennels or commercial dog breeding;
(2) Willful falsification of material information contained in the application;
(3) The licensee's conviction, or that of any responsible officer of the licensee, for any criminal offense involving an animal set out in title 39, chapter 14, part 2, within the previous ten (10) years; or
(4) The licensee's nonconformance with this part or the rules and regulations of the commissioner of agriculture promulgated pursuant to this chapter or the commissioner of health pursuant to § 44-17-713. When the commissioner of health promulgates rules pursuant to § 44-17-713, those rules shall govern the regulation of this part.
(b) In addition to or in lieu of any other disciplinary actions, the commissioner may impose a civil penalty not to exceed one thousand dollars ($1,000) for each violation. Each day of continued violation constitutes a separate violation.
(c) Any commercial breeder aggrieved by a final order of the commissioner issued under this section may appeal the order in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) The commissioner is authorized to apply to courts of competent jurisdiction for writs of injunction for the enforcement of this part. It is the duty of the several district attorneys general to represent the commissioner when called upon to do so.
(e) If the commissioner imposes discipline on a licensee or unlicensed person in a disciplinary contested case proceeding, the licensee or unlicensed person may be required to pay the actual and reasonable costs of the investigation and prosecution of the case.
[Acts 2009, ch. 591, § 1.]