53-3-203 - Penalty for violations Enforcement procedures Regulations Delegation of duties and powers by commissioner. - Tennessee Statutes

53-3-203. Penalty for violations Enforcement procedures Regulations Delegation of duties and powers by commissioner.

(a)  Any person, or any trade association that is a representative of the person, claiming to be injured by reason of a violation of this part is authorized to file a written complaint with the commissioner, setting forth evidence the person may have, alleging that milk or milk products are being sold or offered for sale in violation of this part to the injury of the petitioner or injury to competition. Upon the filing of the complaint, the commissioner shall, with reasonable notice, require the person accused of violating this part to appear and answer the complaint and show cause why penalties provided in this part should not be imposed.

(b)  Upon the finding by the commissioner that a violation of this part has occurred, the commissioner may:

     (1)  Revoke or suspend any license or permit issued by the department to the person found in violation of this part;

     (2)  Seek injunctive relief in any court of competent jurisdiction to enjoin any violation of this part;

     (3)  Impose civil penalties of up to one thousand dollars ($1,000) each day that a violation occurs; or

     (4)  Recover any and all expenses for investigation and prosecution of violations of this part from any person found in violation.

(c)  The commissioner, any aggrieved person, or any trade association that is a representative of the person, may file an original injunction in the chancery court of the county in which the person who violates this part resides, to enjoin further violations of this part.

(d)  The commissioner has the additional powers and duties to:

     (1)  Issue rules and regulations for the enforcement of this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

     (2)  Conduct hearings in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and has the authority to issue subpoenas duces tecum, and have access to the records of those persons regulated by this part that are necessary and reasonable for the enforcement of this part.

[Acts 1955, ch. 74, § 3; 1957, ch. 109, § 1; 1959, ch. 79, § 2; 1961, ch. 203, § 3; modified; T.C.A., § 52-333; modified; Acts 1989, ch. 591, § 113; 2005, ch. 300, § 3.]