Tenn. Comp. R. & Regs. 0780-05-11-.01 - ASSESSMENT OF INVESTIGATORY AND HEARING COSTS
(1) The
Division of Regulatory Boards ("Division") or any board, commission or agency
attached thereto is authorized to assess the actual and reasonable costs of the
investigation, prosecution and hearing of any disciplinary action held in
accordance with the contested case provisions of the Uniform Administrative
Procedures Act, compiled in Tenn. Code Ann. Title 4, Chapter 5, Part 3 in which
sanctions of any kind are imposed on any person or entity required to be
licensed, permitted, registered or otherwise authorized by the Division or any
board, commission or agency attached thereto.
(2) When the Division or any board,
commission or agency attached thereto, in any final order requires the "payment
of costs," the requirement may include payment of any or all of the following:
(a) All costs attributed to and assessed
against the Division, board, commission or agency by the Division's, board's,
agency's or commission's investigations section in connection with the
investigation and prosecution of the matter, including all investigator time,
travel and lodging incurred during the investigation and prosecution of the
matter. Costs for travel and lodging shall be assessed in accordance with the
State of Tennessee Comprehensive Travel Regulations promulgated by the
Department of Finance and Administration. Investigator time shall be assessed
in accordance with the hourly rate per investigator and based on the formula
used to calculate the same from the most recent fiscal year.
(b) All costs assessed against the Division,
board, commission or agency for the use of the Division facilities and
personnel for prosecution of the matter.
(c) All costs assessed against the Division,
board, commission or agency for the appearance fees, transcripts, time, travel
and lodging of administrative law judges, court reporters and witnesses
required in the prosecution of the matter. Costs for travel and lodging shall
be assessed in accordance with the State of Tennessee Comprehensive Travel
Regulations promulgated by the Department of Finance and
Administration.
(3) As
soon as practicable after the conclusion of the disciplinary matter, the
Division, board, commission or agency shall enter a final order. If the
Division, board, commission or agency has ordered the assessment of costs, the
Division, board, commission or agency shall incorporate an itemized account of
the assessment in the final order. The person or entity disciplined shall pay
all costs assessed pursuant to this rule within thirty (30) days after the
effective date of the Division's, board's, commission's or agency's final
order.
(4) If the person or entity
disciplined has not paid the costs assessed within thirty (30) days, the
Division, board, commission or agency may apply to the chancery court of
Davidson County for a judgment to recover such costs.
Notes
Authority: T.C.A. ยง 56-1-311.
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