47-18-1309 - Rules and regulations Contested cases. - Tennessee Statutes

47-18-1309. Rules and regulations Contested cases.

(a)  In accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the department shall promulgate such rules as may be necessary to effectively and efficiently administer and enforce the provisions of this part.

(b)  Such rules shall include, but shall not necessarily be limited to:

     (1)  Registration and disclosure procedures and requirements mandated by § 47-18-1304;

     (2)  Identification and statement of current, applicable federal and state labeling and posting requirements, compliance with which is mandated by § 47-18-1304;

     (3)  Identification and statement of current, applicable ASTM standards or federal standards, compliance with which is mandated by § 47-18-1304; and

     (4)  Description of any deviations from ASTM standards, permitted by the department without imposition of sanction, in order to equitably reflect the margin of error for test analyses.

(c)  A person who is aggrieved by a proposed departmental order to enforce the provisions of this part, or any rule promulgated under the authority of this part, shall be entitled to a contested case hearing to be conducted in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Except under circumstances in which the public health or safety would be jeopardized by delay, any such hearing shall be conducted prior to the time at which an administrative fine is imposed or a stop-sale order becomes effective.

[Acts 1989, ch. 397, § 9.]