§ 55-19-108 — Proceedings for the suspension or revocation of licenses - Review - Reexamination

(a) In all proceedings for the suspension or revocation of licenses under this chapter, the holder of the license shall be served with a complaint specifying the charges against the holder and shall be given fifteen (15) days' notice to prepare for a hearing, where the holder shall be heard in person or by counsel or by both. The commissioner has the power to administer oaths, issue subpoenas, and enforce the attendance of witnesses at the hearing of all matters arising pursuant to the enforcement of this chapter. The commissioner, with the approval of the attorney general and reporter, has the power to make all needed rules for the proceedings in a hearing, and in case any witness shall fail or refuse to obey a subpoena issued by the commissioner, the commissioner may issue an attachment for the witness, directed to any highway patrol officer, sheriff or constable of the state, and compel the witness to attend before the commissioner and give testimony upon matters that are lawfully required by the commissioner. A full and complete record of the hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of the proceedings at the usual cost. (b) No later than sixty (60) days following the hearing, the commissioner shall issue an order as may be appropriate under the circumstances and may, if the facts adduced at the hearing warrant, suspend for any period or revoke any license issued under this chapter. (c) The action of the commissioner and the order issued by the commissioner may be reviewed by petition for common law writ of certiorari, addressed to the circuit court of Davidson County, which petition shall be filed within ten (10) days from the date of the order of the commissioner. (d) Immediately upon the grant of the writ of certiorari, the commissioner shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause, which shall contain all the proof submitted before the commissioner. All defendants named in the petition desiring to make defense shall answer or otherwise plead to the petition within ten (10) days from the date of the filing of the transcript, unless the time be extended by the court. (e) The decision of the commissioner shall be reviewed by the circuit court solely upon the pleadings and the transcript of the proceedings before the commissioner, and neither party shall be entitled to introduce any additional evidence in the circuit court. (f) Either party dissatisfied with the judgment or decree of the circuit court may, upon giving bond as required in other suits, appeal to the supreme court, and have a reexamination, in that court, of the whole matter of law and fact appearing in the record. When any appeal is made, the clerk of the circuit court in which the suit was pending shall include as part of the record the original certified transcript of the proceedings had before the commissioner when identified by the trial judge, instead of a bill of exceptions, which need not be made and filed.

Legislative History

Acts 1967, ch. 163, § 8; T.C.A., § 59-1908.