Section 0800-07-01-.04 - INVESTIGATION AND PROCEEDINGS AFFECTING LICENSE(1) Upon receipt of a complaint, an inspector shall conduct an investigation in an attempt to verify information regarding the immigration status of any employee of the person alleged to have violated the Act, and to determine whether a contested case hearing should be conducted.(2) The Commissioner may also designate other appropriate inspectors and/or investigators to respond to complaints and to verify information regarding the immigration status of any employee of the person alleged to have violated the Act.(3) The inspector or other designee of the Commissioner shall have reasonable access to the workplace of the person alleged to have violated the Act. Upon request and without delay, information and documents regarding any employee shall be provided to an inspector or other designee of the Commissioner in order to verify the immigration status of any employee.(4) Verification documentation may include, but is not limited to, lawful resident verification information consistent with requirements under the Immigration Reform and Control Act of 1986, and/or information provided by the person alleged to have violated the Act who used the federal electronic work authorization verification service provided by the United States Department of Homeland Security pursuant to the federal Basic Pilot Program Extension and Expansion Act of 2003.(5) During the investigation, the person alleged to have violated the Act shall specify the license(s) held including the number(s) that might be subject to suspension under the Act, and the identity/ies and address (es) of the regulatory authority/ies issuing the licenses.(6) No suspension of any license shall be lawful unless, prior to the docketing of the contested case hearing, the Commissioner gives notice by mail to the person alleged to have violated the Act of facts or conduct that warrant the intended action. The person alleged to have violated the Act shall be given an opportunity to show compliance with all lawful requirements for the retention of the license. (a) If the Commissioner finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in his order, summary suspension of a license may be ordered pending proceedings for action. The appropriate regulatory authority/ies shall be notified accordingly.(b) If summary suspension is ordered, the Commissioner shall comply with the requirements of Tennessee Code Annotated § 4-5-320(d).Tenn. Comp. R. & Regs. 0800-07-01-.04
Original rule filed January 4, 2008; effective May 30, 2008Authority: 2007 Tennessee Public Acts Chapter 529 and T.C.A. § 4-5-320.