53-7-217 - Revocation or suspension of license General provisions for hearings and appeals.
53-7-217. Revocation or suspension of license General provisions for hearings and appeals.
(a) (1) If any establishment licensed under this part is deemed by the commissioner to be operated or maintained in any unsanitary manner, or in violation of any of this part or of any regulation duly promulgated pursuant to this part, the commissioner may give written notice of at least ten (10) days to the person operating the establishment to appear before the commissioner or the commissioner's designated hearing officer at a time and place to be set out in the written notice, to show cause why the license of the establishment should not be suspended or revoked. Upon the hearing, the person or establishment cited may be heard in person or with counsel, or both, may present evidence, and may cross-examine witnesses. A full and complete record of the hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of the proceedings at the usual cost.
(2) The commissioner is authorized, in the commissioner's discretion, to appoint and designate a hearing officer who shall preside at the hearing in the place of and in the absence of the commissioner. The hearing officer shall have the power and authority to conduct the hearing, to administer oaths, and make findings of fact, conclusions of law, and the proposed order based on the findings of fact and conclusions of law. If the commissioner concurs, the commissioner shall issue the order; or the commissioner may, upon review of the record, make findings, conclusions and issue orders that, in the commissioner's discretion, the record justifies.
(3) Any person whose license has been suspended or revoked by the commissioner pursuant to a hearing under this section shall be assessed and shall pay all costs in connection with the hearing. The commissioner shall take all steps necessary to collect the costs as may be authorized under the statutes of the state in the same manner as now authorized for the collection of taxes by the state.
(4) No later than sixty (60) days following the hearing, the commissioner shall issue any order that may be appropriate under the circumstances, and the commissioner may, if the facts adduced at the hearing warrant, suspend for any period or revoke any license issued under this part.
(b) The action of the commissioner and the order issued by the commissioner may be reviewed by petition for common law writ of certiorari, addressed to the circuit court of Davidson County, which petition shall be filed within ten (10) days from the date the order of the commissioner is made.
(1) Immediately upon the grant of the writ of certiorari, the commissioner shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause, which shall contain all the proof submitted before the commissioner. All defendants named in the petition desiring to make defense shall answer or otherwise plead to the petition within ten (10) days from the date of the filing of the transcript, unless the time is extended by the court.
(2) The decision of the commissioner shall be reviewed by the circuit court solely upon the pleadings and the transcript of the proceedings before the commissioner or the hearing examiner, and neither party shall be entitled to introduce any additional evidence in the circuit court.
(3) Either party dissatisfied with the judgment or decree of the circuit court may, upon giving bond as required in other suits, appeal, and have a reexamination, in that court, of the whole matter of law and fact appearing in the record. When the appeal is made, the clerk of the circuit court in which the suit was pending shall include as a part of the record the original certified transcript of the proceedings had before the commissioner.
(c) This section with regard to hearing and appeal shall also apply to actions of the commissioner pursuant to §§ 53-7-205, 53-7-212, 53-7-218 and 53-7-220, and shall be available to any party aggrieved by any act of the commissioner pursuant thereto.
[Acts 1967, ch. 99, § 17; 1981, ch. 449, § 2; T.C.A., § 52-931; Acts 1989, ch. 147, § 4.]