Current through Acts 2023-2024, ch. 1069
Section 54-5-805 - Hearing - Notice - Rules and regulations promulgated by commissioner - Appeals(a) All hearings held under this part shall be public and upon not less than a fifteen-day written notice of the time, place and purpose of the hearing to each utility whose services or facilities may be affected, and to each municipality in which any part of the proposed highway improvement is to be located. Hearings may be held before the commissioner, or any representative designated by the commissioner, and at a place designated in the notice.(b) A record of the testimony shall be taken at the hearing and a transcript of the hearing furnished to anyone upon request and payment of the cost of the transcript.(c) The findings and orders shall be in writing and a copy of the findings and orders served upon the parties to the proceedings.(d) The commissioner may promulgate rules to govern proceedings under this part.(e) Any party aggrieved by any order may appeal to the chancery court of Davidson County within thirty (30) days of the entry of the order by filing a petition for review of the order. Upon receiving notice of the order, it shall be the duty of the commissioner or the commissioner's authorized agent to prepare and transmit a transcript of the record of the hearing, including all testimony, findings and orders, which shall be the record in the cause. If it is made to appear to the court that the order appealed from is unreasonable or unlawful, the order shall be vacated and annulled and the entire matter remanded to the commissioner for further proceeding consistent with the decision of the court; provided, that the appeal shall not operate as a stay of any order of the commissioner unless the court so orders.(f) Any party aggrieved by the order or decision of the chancery court may appeal from the order or decision to the supreme court in accordance with the rules for appeals in civil cases.Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 5; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-566; Acts 1981, ch. 264, § 12.