2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-131 - Prohibited discharge or discrimination of employee or representative of employees

(a)
No person shall discharge, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this part or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this part.
(b)
(1)
Any employee or a representative of employees who believes that the employee has been fired or otherwise discriminated against by any person in violation of subsection (a) of this section may, within thirty (30) days after such alleged violation occurs, apply to the commissioner for a review of such firing or alleged discrimination. A copy of the application shall be sent to the person or operator who will be the respondent.
(2)
Upon receipt of such application, the commissioner shall cause such investigation to be made as the commissioner deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to the alleged violation. The parties shall be given written notice of the time and place of the hearing at least five (5) days prior to the hearing. Any such hearing shall be a contested case conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply.
(3)
Upon receiving the report of such investigation, the commissioner shall make findings of fact. If the commissioner finds that a violation did occur, the commissioner shall issue a decision incorporating the commissioner's findings and an order requiring the party committing the violation to take such affirmative action to abate the violation as the commissioner deems appropriate, including, but not limited to, the rehiring or reinstatement of the employee to such person's former position with compensation. If the commissioner finds that there was no violation, the commissioner shall issue a finding.
(4)
[Deleted by 2023 amendment.]
(c)
Whenever an order is issued under this section to abate any violation, at the request of the employee or representative applicant a sum equal to the aggregate amount of all costs and expenses, including attorney fees, to have been reasonably incurred by the employee or representative applicant for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the persons committing the violation.
Amended by 2023 Tenn. Acts, ch. 401, s 15, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 401, s 14, eff. 5/11/2023.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.