(a) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the department shall promulgate such rules as may be necessary to effectively and efficiently administer and enforce this part.
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Terms Used In Tennessee Code 47-18-1309

  • Department: means the Tennessee department of agriculture. See Tennessee Code 47-18-1303
  • Person: means an individual, partnership, corporation, company, firm, association or other business entity. See Tennessee Code 47-18-1303
  • 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
(b) Such rules shall include, but shall not necessarily be limited to:

(1) Registration and disclosure procedures and requirements mandated by § 47-18-1304;
(2) Identification and statement of current, applicable federal and state labeling and posting requirements, compliance with which is mandated by § 47-18-1304;
(3) Identification and statement of current, applicable ASTM standards or federal standards, compliance with which is mandated by § 47-18-1304; and
(4) Description of any deviations from ASTM standards, permitted by the department without imposition of sanction, in order to equitably reflect the margin of error for test analyses.
(c) A person who is aggrieved by a proposed departmental order to enforce this part, or any rule promulgated under the authority of this part, shall be entitled to a contested case hearing to be conducted in accordance with the Uniform Administrative Procedures Act. Except under circumstances in which the public health or safety would be jeopardized by delay, any such hearing shall be conducted prior to the time at which an administrative fine is imposed or a stop-sale order becomes effective.
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