§ 4-21-202 — Powers and duties

Tennessee § 4-21-202

• Jurisdiction: Tennessee
• Title: 4

Text

(a) In the enforcement of this chapter, the commission has the power and duty to: (1) Maintain offices in Shelby County, Davidson County, Knox County and Hamilton County and such other offices within the state as may be deemed necessary; (2) Meet and exercise its powers within the state; (3) Annually appoint an executive director, fix the director's compensation with the approval of the governor, and delegate any of the commission's functions and duties to the director in the interest of efficient management of the appropriations and resources of the agency. Prior to the reappointment of an executive director under this subdivision (a)(3), the commission shall conduct a comprehensive review of the executive director's performance for the preceding twelve (12) months. The commission shall develop measurable goals or benchmarks, or both, in determining whether to reappoint an executive director pursuant to the comprehensive review; (4) Promote the creation of local commissions on human rights, to cooperate with state, local and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental departments and agencies; (5) Enter into cooperative working agreements with local commissions that have enforceable ordinances, orders, or resolutions and professional staff; (6) Cooperate with the federal equal employment opportunity commission created under § 705 of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000e-4 ), and with the department of housing and urban development in enforcing the Fair Housing Act of 1968 ( 42 U.S.C. § 3601 et seq.), in order to achieve the purposes of those acts, and with other federal and local agencies in order to achieve the purposes of this chapter; (7) Accept and disburse gifts and bequests, grants or other payments, public or private, to help finance its activities; (8) Accept reimbursement pursuant to § 709(b) of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000e-8 ), and pursuant to § 816 of the Fair Housing Act of 1968 ( 42 U.S.C. § 3616 ), for services rendered to assist the federal equal employment opportunity commission and the department of housing and urban development; (9) Receive, initiate, investigate, seek to conciliate, hold hearings on and pass upon complaints alleging violations of this chapter; (10) Require answers to interrogatories, compel the attendance of witnesses, examine witnesses under oath or affirmation in person by deposition, and require the production of documents relevant to the complaint. The commission may make rules authorizing or designating any member or individual to exercise these powers in the performance of official duties; (11) Furnish technical assistance requested by persons subject to this chapter to further their compliance with this chapter or an order issued thereunder; (12) Make studies appropriate to effectuate the purposes and policies of this chapter and make the results thereof available to the public; (13) Render, in accordance with the rules, regulations, policies and procedures of the state publications committee, a written report. The report may contain recommendations of the commission for legislative or other action to effectuate the purposes and policies of this chapter; (14) Adopt, promulgate, amend and rescind rules and regulations to effectuate the purposes and provisions of this chapter, including regulations requiring the posting of notices prepared or approved by the commission; (15) Cooperate with community, professional, civic and religious organizations, federal agencies and agencies from other states in the development of public information programs, leadership and activities in the interest of equal opportunity and treatment of all individuals; (16) (A) Create local or statewide advisory agencies that in its judgment will aid in effectuating the purposes of this chapter. The commission may empower these agencies to: (i) Study and report on problems of discrimination because of race, creed, color, religion, sex, age or national origin; (ii) Foster through community effort or otherwise, goodwill among the groups and elements of the population of the state; and (iii) Make recommendations to the commission for the development of policies and practices that will aid in carrying out the purposes of this chapter; (B) Members of such advisory agencies shall serve without pay, but shall be reimbursed for expenses incurred in such services. The commission may make provision for technical and clerical assistance to the advisory agencies; and (17) Conduct tests of housing accommodations and availability through the use of staff, both full time and part time, and of volunteers to ascertain the availability of housing, both in sales and also in rentals of real property. (b) (1) Notwithstanding this section or a rule or policy to the contrary, an office, executive committee, local commission, advisory agency, or other entity or persons appointed by or serving at the recommendation of the commission shall not exercise more authority than the commission. (2) An office, executive committee, local commission, advisory agency, and other entity or person appointed by or serving at the recommendation of the commission shall transmit copies, records, information, and other material obtained by such entities to the commission within five (5) business days of receipt.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1127, Secs.s2, s3 eff. 6/1/2022. Acts 1978, ch. 748, § 6; 1979, ch. 422, § 25; T.C.A., § 4-2104; Acts 1980, ch. 732, § 5; 1984, ch. 1007, § 3; T.C.A., § 4-21-104; Acts 1989, ch. 6, § 3; 1990, ch. 1024, § 9; 1992, ch. 1027, § 2; 1996, ch. 1034, §§ 2, 3.