Tenn. Comp. R. & Regs. 1680-03-04-.11 - REVOCATION OF PARTICIPATION IN TODS PROGRAM

(1) Grounds for Revocation.

The Department may revoke the privilege of participation in the TODS program if it finds that any participating tourist-oriented business:

(a) Has made a false, deceptive or fraudulent statement in its application or in any other information submitted to the Department;

(b) Engages in any deceptive or fraudulent business practice;

(c) Fails to pay any required fee on a timely basis;

(d) No longer meets the eligibility requirements set forth in this Chapter;

(e) Ceases to operate as a business on a continuing basis in accordance with the schedule submitted to the Department in its application; or

(f) Alters or modifies any TODS sign or TODS sign panel erected or installed by the Department.

(2) Procedure for Revocation.

The procedures for revocation are as follows:

(a) Prior to revoking the privilege of participating in the TODS program, the Department will notify the tourist-oriented business in writing of the grounds for the proposed revocation. The notice will be sent by certified and regular mail. Notices sent by regular mail will be presumed to have been received by the business within three (3) business days after mailing.

(b) Within fifteen (15) days after receipt of the notice to correct the condition(s) cited as the ground(s) for the proposed revocation, the business shall either:

1. Correct the condition(s) cited as ground(s) for the proposed revocation, and provide sufficient written proof thereof to the satisfaction of the Department, or

2. If the business denies the cited ground(s) for the proposed revocation, the business shall deliver a written response to the Department stating in detail the bases for the denial and requesting a hearing before the Commissioner or the Commissioner's designee.

(c) If the business fails to correct the cited ground(s) for revocation or fails to respond within fifteen (15) days, the Department will send the business a written notice of revocation and remove all TODS sign panels for that business from the state highway rights-of-way.

(d) If the business requests a hearing, an informal hearing will be held before the Commissioner or the Commissioner's designee to consider the matter. The decision of the Commissioner or the Commissioner's designee shall be made in writing to the business and shall be final.

Notes

Tenn. Comp. R. & Regs. 1680-03-04-.11

Original rule filed April 8, 1996; effective August 28, 1996. Rule has been assigned a new control number from 1680-11-1-.11 filed and effective February 1, 2003. Repeal and new rule filed August 2, 2005; effective December 29, 2005.

Authority: T.C.A. § 54-5-1303.