46-1-301 - Powers and duties of commissioner Cemetery advisory board.
46-1-301. Powers and duties of commissioner Cemetery advisory board.
(a) The commissioner is responsible for administering and enforcing the provisions of this chapter.
(b) The commissioner may promulgate rules and regulations that are reasonably necessary to effectuate the purposes of this chapter. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The commissioner may seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter, or of any rule and regulation promulgated for the administration or enforcement of the provisions of this chapter. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such a suit. No bond is required for the prosecution of the suit or for the issuance of an injunction.
(d) The commissioner shall, as authorized by § 4-5-205, appoint an advisory board of experts in the field of cemetery operation and management service to advise the commissioner with respect to any contemplated rulemaking under this section. The advisory board shall consist of one (1) member from each grand division of the state and two (2) members appointed at-large. Of the members initially appointed, one (1) shall serve for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years. The advisory board shall consist of five (5) members. Prior to the end of the expiring term of each member of the advisory board, the Cemetery Association of Tennessee, Inc., shall submit a list of five (5) names to the commissioner. At least two (2) cemetery board members shall be selected from names submitted by the Cemetery Association of Tennessee, Inc. In making the appointments, the commissioner shall strive to ensure that the advisory board includes at least one (1) member who is sixty (60) years of age or older and at least one (1) member of a racial minority. The advisory board may make formal recommendations to the commissioner or the general assembly. The advisory board shall annually elect from its members a chair and necessary officers. The advisory board members shall serve without compensation and travel expenses. This advisory board shall be known as the cemetery advisory board.
[Acts 1992, ch. 922, § 1; 1994, ch. 875, § 1; 2003, ch. 81, § 6; T.C.A. § 46-1-108; Acts 2006, ch. 1012, § 4.]