§ 63-17-118 — Charges against licensees and applicants

(a) Any person, including the board or any member thereof, may prefer charges against any licensee or applicant for license. Such charges shall be in writing and shall be sworn to by the person or persons making them. The charges, unless made by the board, shall be preferred by delivering them to the secretary of the board, who shall furnish all members of the board with a copy. All charges, unless dismissed by the board, shall be heard within a reasonable time after the date upon which they were preferred. The time and place of the hearings shall be fixed by the board. (b) The complaint shall be in writing and shall include, but not be limited to, the following: (1) The name of the licensee or the applicant, the licensee's or applicant's last known address and the number of the licensee's or applicant's license, if known; (2) The nature of the charges, which, if true, would constitute grounds upon which disciplinary action may be taken; (3) A statement to inform the respondent that the respondent may but need not be represented by counsel and that the respondent is entitled to the issuance of subpoenas to compel the attendance of witnesses, the production of books, documents or other evidence relevant to the matter to be heard; (4) The date and time set for the hearing of the charges and the place where the hearing is to be held; and (5) The date of the signing of the complaint, which shall be signed by the chair and secretary of the board. (c) A copy of the complaint shall be served upon the person against whom preferred, whether personally or by registered or certified mail, addressed to the person at the person's last known address as the same appears on the records of the board, at least twenty (20) days before the time fixed for the hearing. Where such personal service cannot be made or where registered or certified mail is returned undelivered, the secretary-treasurer of the board may cause a brief notice to the licensee to be published in a newspaper of general circulation in the county of the licensee's last known address, or, if no newspaper is published in the county, the notice may be published in an adjoining county. If the address is in some state, territory or country other than this state, then the notice may be published in Davidson County. Proof of service or of publication shall be filed with the secretary-treasurer and shall be recorded by the secretary-treasurer in the minutes of the board. (d) (1) The board shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of proceedings, but the determination shall be based upon sufficient legal evidence to sustain it. (2) The proceeding at the hearing shall be either stenographically or mechanically transcribed. (3) Oral evidence shall be taken only upon oath or affirmation administered by any member of the board. (4) Every party to a disciplinary hearing shall have the right to call and examine witnesses and to introduce documentary evidence relevant to the issues of the case. (5) After the hearing, the board shall consider all the evidence offered and shall decide the issue based upon such evidence. If the decision is for the respondent, the board shall dismiss the proceeding and it shall be so stated in the order entered in the matter. (6) If the board determines from the evidence and proofs submitted that the respondent is guilty of the charge or charges set forth in the complaint, it may take such action and impose such penalties provided in this chapter as it may deem proper. (e) Any action of or ruling or order made or entered by the board is subject to review by the courts of this state in the same manner and subject to the rulings, orders and findings of other quasi-judicial bodies and to the same powers and conditions as now provided by law in regard to Tennessee, where not otherwise specifically provided.

Legislative History

Acts 1973, ch. 93, § 18; T.C.A., § 63-1718.