(a) The commissioner may decline to grant or to renew a license, or may suspend or revoke a license upon the following grounds:

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Terms Used In Tennessee Code 44-11-106

  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commissioner: means the commissioner of agriculture. See Tennessee Code 44-11-101
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Fraud: Intentional deception resulting in injury to another.
  • Livestock: means cattle, calves, horses, mules, poultry, swine, sheep, goats, and alternative livestock. See Tennessee Code 44-11-101
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
(1) The licensee has violated any provision of this chapter or any rule, order, or regulation issued under this chapter;
(2) The licensee has knowingly received on consignment or sold or exchanged stolen livestock or mortgaged livestock without authority from the owner or mortgagee;
(3) The licensee has been guilty of misrepresentation, deception, or fraud in any material particular in securing the license;
(4) The licensee has failed to keep records as required by this chapter;
(5) The licensee has failed to practice measures of sanitation and has failed to provide for the adequate yarding, housing, holding, and feeding of livestock;
(6) The licensee, in the case of livestock weighed on the licensee’s scales and sold by weight, has knowingly quoted incorrect weights or has failed to have the scales regularly inspected and tested;
(7) [Deleted by 2010 amendment.]
(8) The licensee has engaged in any illegal activity on the premises where the community sale is located, the business violates the zoning regulations of any county, municipal, or regional planning commission, or the licensee has failed to comply with such rules and regulations as have been duly adopted in accordance with this chapter;
(9) The licensee has failed to comply with the Beef Promotion and Research Act of 1985, compiled in 7 U.S.C. §§ 2901-2911, or the Agriculture Commodities Promotion Act, compiled in § 43-29-101 et seq.;
(10) The licensee has failed to make payment after a sale or has made payment with insufficient funds to consigners for livestock sold through the market; or
(11) The licensee has been determined to be insolvent by the commissioner.
(b) When any of the foregoing have not been fully complied with, or if there has been a violation of this chapter, the commissioner may give notice to the applicant for a license, or a holder of a license, that the commissioner will conduct a hearing for the purpose of determining whether the commissioner should decline to grant, renew, or suspend or revoke a license pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The findings of the commissioner shall be final, and may be reviewed in the chancery court of Davidson County, by the common law writ of certiorari. When zoning is the question involved, the commissioner shall notify the applicant or holder of the license of the violation, and the applicant or holder shall then have only the rights granted in the zoning ordinance or regulation relative to a hearing and appeal, and shall prosecute the application for a hearing and appeal solely under the particular local zoning ordinance or regulation.
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