Administrative Hearing Officer Programs

Reference Number: MTAS-70
Tennessee Code Annotated
Reviewed Date: October 23, 2018
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T.C.A. Title 6, Chapter 54, Part 10 authorizes a municipality to create, via ordinance, an administrative hearing officer program to hear locally-adopted building and property maintenance code violations. Adopting ordinance must reference specific code sections subject to administrative jurisdiction. Administrative hearing officers are not authorized to hear violations of codes adopted by the state fire marshal pusuant to T.C.A. § 68-120-101(a) enforced by a deputy building inspector pursuant to T.C.A. § 68-120-101(f).

Administrative hearing officers are not subject to the $50.00 fine limitation imposed by the Tennessee Constitution Art. VI, Section 14. Administrative hearing officers may levy a penalty of up to $500.00 per offense per day for violations on commercial properties and up to $500.00 cumulatively for violations on residential properties. Administrative hearing officer must provide alleged violator a reasonable period of time before levied fine is imposed.

Administrative hearing officer must be either a licensed building, plumbing or electrical inspector; licensed attorney, architect or engineer; or an administrative law judge with the Administrative Procedures Division of the Secretary of State’s office. Administrative hearing officers must also complete initial training within six months of appointment and six hours of annual continuing education.

 

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