(a) The commissioner 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 62-18-217

  • Commissioner: means the commissioner of commerce and insurance, or the commissioner's designee. See Tennessee Code 62-18-203
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Licensed professional soil scientist: means a person who is licensed as a soil scientist under this part. See Tennessee Code 62-18-203
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Practice of soil science: means providing soil science services except as specifically exempted by this part. See Tennessee Code 62-18-203
  • 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
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. 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) A felony for the commission of an offense that bears directly on the licensee’s fitness to practice competently, as determined by the commissioner. 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) Who is found guilty of fraud, deceit, gross neglect, incompetence, or misconduct in the practice of soil science as a licensed professional soil scientist.
(b) Any such action by the commissioner to suspend, revoke, or refuse to renew a certificate of licensure shall be taken after a hearing held in accordance with the procedures set forth in 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 commissioner may seek relief at law or equity to restrain or enjoin any act or practice in violation of this part, or of any rule promulgated to effectuate the purposes of this part. 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) The commissioner may reissue a certificate of licensure to any person whose certificate of licensure has been revoked upon written application to the commissioner by the applicant, showing good cause to justify such reissuance.
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