Tennessee Attorney General Reports and Opinions V. 1990

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1990 Tennessee Attorney General Reports and Opinions 1 (1990)

handle is hein.sag/sagtn0100 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE
Published by Authority of Chipter 276
Public Acts of 1971
June 1990
90-65 ADMINISTRATIVE BOARDS AND AGENCIES: Administrative
Procedures Act: Judicial Review: The enactment of
Chapter 392 of the 1989 Public Acts does not obviate
the need for administrative hearings currently held
under the authority of T.C.A. §57-3-301; in accordance
with T.C.A. S57-3-301, the Commissioner of Revenue is
the initial arbiter of whether the contracting party
has met the statutory requirements of :ood faith and
good cause as defined in Chapter 392; the Department
of Revenue may not award costs or attorneys' fees in
the administrative proceedings held under T.C.A
§57-3-301; the authorization to award attorneys' fees
and costs applies only in court proceedings held under
the provisions of Chapter 392; the requirement of
exhaustion of administrative remedies would apply in
cases in which a party might attempt to bring an
action in circuit or chancery court on the issues of
good faith or good cause, for which the statute has
prescribed an initial administrative proceeding; the
provisions of Chapter 392 apply to franchise
agreements entered into before the effective date of
the Act. T.C.A. SS47-25-1501 et sec., -1505,
§57-3-301, S67-1-105; 1979 Tenn. Pub. Acts 341, 1984
Tenn. Pub. Acts 684, 1985 Tenn. Pub. Acts 125, 1989
Tenn. Pub. Acts 392.
90-65 ADMINISTRATIVE PROCEDURES ACT: Exhaustion:
Jurisdiction: The enactment of Chapter 392 of the
1989 Public Acts does not obviate the need for
administrative hearings currently held under the
authority of T.C.A. S57-3-301; in accordance with
T.C.A. §57-3-301, the Commissioner of Revenue is the
initial arbiter of whether the contracting party has
met the statutory requirements of good faith and good
cause as defined in Chapter 392; the Department of
Revenue may not award costs or attorneys' fees in the
administrative proceedings held under T.C.A §57-3-301;
the authorization to award attorneys' fees and costs