Section 0800-07-01-.06 - ENFORCEMENT BY LICENSE SUSPENSION(1) Upon a finding by an ALJ or Commissioner's Designee that the Commissioner has demonstrated that the person violated any provision of the Act by clear and convincing evidence, the following actions shall be imposed, as appropriate: (a) Suspension for First Violation. For a first violation(s), the ALJ or Commissioner's Designee shall order that the regulatory authority/ies suspend the person's license(s) until the person shows to the satisfaction of the ALJ or Commissioner's Designee that the person is no longer in violation of the Act.1. To show that the person is no longer violating the Act, the person may submit a sworn statement to the ALJ or Commissioner's Designee stating that the person is no longer employing, recruiting, or referring for a fee for employment an illegal alien.2. Upon submission of the sworn statement, the ALJ or Commissioner's Designee shall immediately notify the appropriate regulatory authority/ies by issuing an order of compliance.(b) Suspension for Second or Subsequent Violations. For a second or subsequent violation occurring within three (3) years from the issuance of the first final order, the ALJ or Commissioner's Designee shall order that the regulatory authority/ies suspend the license(s) of the person for one (1) year. This action removes the person from practicing a profession and terminates the license(s) issued. The regulatory authority/ies shall not consider any petition for reinstatement or a new application for a license(s) from the person during the year. After the one (1) year, the person may request reinstatement or submit a new application to the appropriate regulatory authority/ies.(2) Notice of Appeal Rights. Pursuant to the UAPA, proper notification of rights to review and appeal shall be set forth on all orders of the ALJ or Commissioner's Designee. Appeal of a final order of the ALJ or Commissioner's Designee shall be by Petition for Judicial Review of Administrative Record filed in the Chancery Court for Davidson County, Tennessee within sixty (60) days after the entry date of the final order or, if a petition for reconsideration is granted, within sixty (60) days of the entry date of the final order disposing of the petition.(3) Official record. An official record shall be made of the hearing and the proceedings, and counsel for the Commissioner shall have a court reporter present or a tape recording or similar electronic recording shall be made of all oral proceedings. All proceedings shall take place at a hearing room at the Department in Nashville. The records required under Tennessee Code Annotated § 4-5-319 shall be maintained and stored at the Tennessee Department of Labor and Workforce Development, Labor Standards Division, 220 French Landing Drive, Nashville, Tennessee 37243-1002.Tenn. Comp. R. & Regs. 0800-07-01-.06
Original rule filed January 4, 2008; effective May 30, 2008Authority: 2007 Tennessee Public Acts Chapter 529, T.C.A. §§ 4-5-317, 4-5-319, and 4-5-322.