Tenn. Comp. R. & Regs. 0400-02-13-.06 - GROUNDS FOR REVOCATION, SUSPENSION, MODIFICATION, OR REFUSAL TO ISSUE OR RENEW

(1) The following acts by the holder of a commercial use authorization shall be violations of this chapter and the Commissioner may revoke, suspend, modify, or refuse to issue or renew a commercial use authorization for one or more of the following reasons:

(a) Failure to abide by any term or condition of a commercial use authorization, including but not limited to failure to maintain required insurance;

(b) Providing any false, misleading, or deceptive information to the Commissioner regarding any matter, including the amount of market fees owed;

(c) Engaging in any false, fraudulent, or dishonest practices in the course of business, whether such practices are engaged in during the course of commercial park activity or otherwise;

(d) Failure to comply with any request for information from the Commissioner regarding the commercial park activity authorized under this chapter;

(e) Conducting any commercial park activity for which the person does not hold a commercial use authorization;

(f) Conducting any commercial park activity in any state park that the person's commercial use authorization does not include;

(g) Engaging in any behavior that does not have a minimal impact on park resources and values and is not otherwise approved within a commercial use authorization;

(h) Engaging in any behavior that is not consistent with the park purpose, management plans, policies, and all laws and regulations;

(i) Failure to timely pay any fees owed under this chapter;

(j) Operating a commercial park activity in a manner that:

1. Is contrary to the purposes for which the natural, historic, recreational, and special use areas exist in a state park; or unreasonably impairs the atmosphere of peace and tranquility maintained in natural, historic, hospitality, recreational, or commemorative areas in a state park;

2. Unreasonably interferes with interpretive, visitor service, or other program activities, or with the administrative activities of a state park;

3. Substantially impairs the operation of public use facilities or services of state park concessioners or contractors;

4. Presents a clear and present danger to public health and safety; or

5. Results in significant conflict with other existing uses of a state park.

(k) A commercial park activity requested to be authorized is reasonably anticipated to be operated in a manner in violation of subparagraph (1)(j) of this rule; or

(l) Conviction of or entry of a plea of guilty by any person holding a commercial use authorization of any felony or of a misdemeanor directly reflecting on such person's fitness to conduct commercial park activities.

(2) A modification ordered under paragraph (1) of this rule may make any change to the commercial use authorization that could have been made at the issuance of the commercial use authorization, including, but not limited to, adding terms and conditions authorized by this chapter, modifying the term of the commercial use authorization, changing state parks where the commercial park activity can be conducted, and altering the scope of the authorized commercial park activity.

(3) Any action by a person who owns part or all of a business entity that holds a commercial use authorization, including conviction of a crime, shall be imputed to the business entity holding the commercial use authorization.

(4) Any hearing to revoke, suspend, refuse to renew, or modify a commercial use authorization under this rule shall be conducted pursuant to the Uniform Administrative Procedures Act, (T.C.A. Title 4, Chapter 5, Parts 1 through 3).

Notes

Tenn. Comp. R. & Regs. 0400-02-13-.06

Emergency rules filed June 29, 2021; effective through December 26, 2021. New rules filed September 21, 2021; effective 12/20/2021.

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-101.