Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-45 - Division of Water Resources
Chapter 0400-45-09 - Water Well Licensing Regulations and Well Construction Standards
Section 0400-45-09-.08 - ROLE OF COMPLAINTS IN ENFORCEMENT DECISIONS RELATED TO LICENSEES
Current through September 24, 2024
(1) In making determinations as to whether to issue an order for corrective action, a penalty assessment, or a license revocation, the Commissioner may utilize information obtained from complaints by any persons.
(2) The Board may utilize its expertise to evaluate any complaints received from the public. The Board may then make a recommendation to the Commissioner as to what enforcement options are appropriate.
(3) In reaching these conclusions about enforcement action, the Commissioner and the Board may, in addition to any other investigation conducted by the Division, interview both the complainant and the licensee who is the subject of the complaint.
(4) If a licensee takes action to correct any violation of the Act or rules that is the subject of a complaint, such action and the degree of the effectiveness of the action are factors to be considered by the Commissioner and the Board in their decisions regarding appropriate enforcement action.
Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.