7-86-306 - Powers and duties of board Review of decisions or orders of board. - Tennessee Statutes

7-86-306. Powers and duties of board Review of decisions or orders of board.

(a)  In order to effectuate the purposes of this part, the board has the power and authority to:

     (1)  Promulgate rules and regulations in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the conduct of the affairs of the board;

     (2)  Adopt a seal for the board, prescribe the style of the seal, and alter the seal at pleasure;

     (3)  Subject to the provisions of title 9, chapter 4, part 51 appoint and fix the salaries and duties of such experts, agents, and employees as it deems necessary. Notwithstanding any provision of law to the contrary, for the purposes of § 8-30-208, the executive director of the board shall be considered the equivalent of an assistant commissioner;

     (4)  Subject to the provisions of title 12, make and enter into contracts and purchases;

     (5)  Adopt a proposed budget, which shall be included in the proposed budget of the department of commerce and insurance;

     (6)  Accept gifts, grants, or other moneys, and to receive appropriations that may be made by law;

     (7)  Provide advisory technical assistance to any emergency communications district upon request;

     (8)  Administer the deployment of 911 service for emerging communications technologies, including, but not limited to, IP-enabled service, that are capable of connecting users dialing or entering the digits 911 to public safety answering points and other non-wireline services;

     (9)  Establish technical operating standards for emergency communications districts and periodically review and revise wireless enhanced 911 standards based on orders and rulings by the federal communications commission (FCC);

     (10)  Establish operating standards concerning acceptable uses of revenue for emergency communications districts and periodically review and revise these standards;

     (11)  Respond to requests from emergency communications districts, commercial mobile radio service (CMRS) providers or other parties and subject to availability of funds, review and approve requests for reimbursements for expenditures or payment of obligations incurred to implement, operate, maintain, or enhance statewide wireless enhanced 911 service in conformance with any rules or orders of the FCC, and other federal and state requirements that pertain to wireless enhanced 911 service;

     (12)  Raise the emergency telephone service charge rates of an individual emergency communications district up to the maximum established in § 7-86-108(a)(2)(A); provided, that the district meets financial and operational criteria established by the board in consultation with the comptroller of the treasury;

     (13)  From time to time, submit to the speakers of the general assembly any recommended amendments to this chapter; and

     (14)  Exercise all the powers and take all the actions necessary, proper, or convenient for the accomplishment of the purposes enumerated in this section.

(b)  (1)  Any party adversely affected by a decision or order of the board may, within sixty (60) days of the board's action, initiate a contested case as provided by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, which shall be heard by an administrative law judge sitting alone.

     (2)  In the conduct of any hearing upon request or complaint, the administrative law judge may receive evidence in the form of affidavits in addition to minutes, transcripts, and other evidence of actions by an emergency communications district.

(c)  Nothing contained within subdivision (a)(12) or this section shall be construed to authorize the board to establish CMRS rates other than a flat, statewide, uniform rate.

[Acts 1998, ch. 1108, § 10; 2004, ch. 810, § 5; 2005, ch. 147, § 1; 2006, ch. 647, § 1.]