LegalFix

§ 59-8-417. Civil actions. [See contingent amendment to subdivision (b)(1) and the Compiler’s Notes.]

TN Code § 59-8-417 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) The commissioner may request the attorney general and reporter to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order, and venue and jurisdiction for such action shall be in the chancery or circuit court of Davidson County, or the chancery court or circuit court in whose district the surface mining operation is located, the provisions of § 20-4-101 to the contrary notwithstanding, whenever such person, operator, or agent:

(1) Violates or fails or refuses to comply with any cease order issued by the commissioner under this part;

(2) Interferes with, hinders, or delays the commissioner or the commissioner's authorized representatives in carrying out this part;

(3) Refuses to admit such authorized representatives to a coal mine;

(4) Refuses to permit inspection of a coal mine by such authorized representatives;

(5) Refuses to furnish any information or report requested by the commissioner in furtherance of this part;

(6) Refuses to permit access to, and copying of, such records as the commissioner determines are necessary in carrying out this part; or

(7) Violates or threatens to violate any of this part, or regulations promulgated pursuant to this part, or a permit issued pursuant to this part, or violates or threatens to violate any cease order or determination promulgated pursuant to this part.

(b)

(1) The commissioner may bring suit for injunctive enforcement of any cease order issued by the commissioner when any cease order has become final as a result of any person's failure to appeal to the Tennessee board of water quality, oil, and gas [See the Compiler's Notes], and such person has failed to comply with the cease order.

(1) The commissioner may bring suit for injunctive enforcement of any cease order issued by the commissioner when any cease order has become final as a result of any person's failure to appeal to the board, and such person has failed to comply with the cease order.

(2) In such suits, all findings of fact contained in the cease order and complaint shall be deemed to be final, and not subject to review except as to receipt of notice of the cease order, but the defendant may proffer evidence showing that the defendant has in fact complied with the commissioner's order.

(3) The cease order issued by the commissioner in such cases shall be presumed to be reasonable and valid, and it shall be presumed that the commissioner has complied with all requirements of the law.

(4) The board may likewise bring suit for enforcement of any cease order issued by it, which has become final either by the failure of any person to appeal the board's cease order or by an appellate court's decision against any person who fails to comply with such final cease order.

(5) In such suits, the board's decision shall not be subject to challenge as to matters of fact, but the violator may proffer evidence showing that the violator has in fact complied with the board's cease order.

(c) Any suit for a permanent or temporary injunction, restraining order, or any other appropriate order brought by the commissioner shall be filed and venue and jurisdiction for such action shall be in the chancery court or circuit court of Davidson County, or the chancery court or circuit court in whose district the surface mining operation is located, in which all or a part of the violation is or is about to occur, the provisions of § 20-4-101 to the contrary notwithstanding, in the name of the department by the district attorney general or by the attorney general and reporter at the direction of the commissioner or the board. Such proceedings shall not be tried by jury.

(d) Nothing in this part shall be construed so as to eliminate any additional enforcement rights or procedures which are available under any state law to the commissioner but which are not specifically enumerated herein.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 59-8-417. Civil actions. [See contingent amendment to subdivision (b)(1) and the Compiler’s Notes.]