Tenn. Comp. R. & Regs. 0400-02-10-.08 - TERMINATION

(1) Upon violation of any regulation herein by the Commercial Operator, its guide(s), guide trainee(s), its employee(s) and/or agents, the Division may cause the Commercial Operator to cease and terminate any and all river operation(s) by one of the following procedures:

(a) If the violation is of such a degree that it may cause loss of life and/or damage to person or property, including damage to the river and/or the land contiguous to the river, the Division may, at its sole discretion, upon written notice to the Commercial Operator demand and require that the Commercial Operator terminate and cease any and all river operations until the Commercial Operator has satisfactorily demonstrated to the Division that such violation has been corrected.

(b) If the violation does not cause an immediate danger to life or property:

1. The Division shall give to the Commercial Operator, written notice specifying the particulars of the alleged unsatisfactory performance.

2. Not less than fifteen (15) days after receipt by the Commercial Operator of such notice, the Division shall grant to the Commercial Operator an opportunity to be heard upon the charges.

3. Following such opportunity to be heard, the Division shall, at is sole discretion, determine whether there has been a violation.

4. If the Division decides that there has been a violation of the regulations, it shall give to the Commercial Operator written notice of such decision, specifying the particulars thereof.

5. All hearings conducted under this rule shall be in accordance with the Uniform Administrative Procedures Act, T.C.A. § 4-5-301, et seq.

6. If the Commercial Operator fails or refuses to remedy such violation within such reasonable period of time as may be fixed by the Division, the Division shall request that TVA terminate the Commercial Operator's permit upon such date or upon contingency as it may deem proper to protect the public interest.

Notes

Tenn. Comp. R. & Regs. 0400-02-10-.08

Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Authority: T.C.A. §§ 4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.