(a) The department shall have the power to suspend, revoke or refuse to renew the certificate of licensure of any licensee who:

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Terms Used In Tennessee Code 62-36-119

  • Department: means the department of commerce and insurance. See Tennessee Code 62-36-103
  • Fraud: Intentional deception resulting in injury to another.
  • Geologist: means a person qualified by education and practical experience to engage in the practice of geology. See Tennessee Code 62-36-103
  • Geology: means the science concerning the earth and its history, including:
    (A) The investigation, prediction of existence and location of:
    (i) Minerals. See Tennessee Code 62-36-103
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Is found to have been convicted of:

(A) Any fraud or deceit in obtaining a certificate of licensure;
(B) Any felony or any crime involving moral turpitude. However, an action taken under this subdivision (a)(1)(B) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or
(C) Any unlawful act as set forth in this chapter; or
(2) Is found guilty of fraud, deceit, gross neglect, incompetence or misconduct in the practice of geology as a licensed professional geologist.
(b) Any action by the department to suspend, revoke or refuse to renew a certificate of licensure shall be taken after a hearing held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) Any administrative or judicial review of such action shall likewise be in accordance with the procedures set forth in the Uniform Administrative Procedures Act.
(d) The department may seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter or of any rule promulgated to effectuate the purposes of this chapter. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such a suit. No bond shall be required for the prosecution of the suit or for the issuance of an injunction.
(e) Members of the department are officers of the state in carrying out the duties imposed by this chapter and as such have the full measure of governmental immunity provided by law.
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