reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 1 - TENNESSEE REGULATORY AUTHORITY (§§ 65-1-101 — 65-1-116) › Part 1 - GENERAL PROVISIONS (§§ 65-1-101 — 65-1-116) › Section 65-1-115 - Members of former public service commission included in the executive service

(a)
In addition to the designations of preferred and executive service employees in §
8-30-202
, the following members of the former public service commission shall be included in the executive service:
(1)
Members of the Tennessee public utility commission;
(2)
The executive director of the Tennessee public utility commission;
(3)
The personal staff of the members of the Tennessee public utility commission;
(4)
The division commissioners and assistant division commissioners of the Tennessee public utility commission; and
(5)
Any attorneys employed by the Tennessee public utility commission.
(b)
All actions of the department of human resources in regard to the Tennessee public utility commission personnel transactions may, upon request of a majority of the commission's commissioners, be reviewed and revised, modified or reversed by action of the house finance, ways and means committee and the senate finance, ways and means committee.
Acts 1995, ch. 305, § 51; T.C.A. § 65-1-303.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 1 - TENNESSEE REGULATORY AUTHORITY (§§ 65-1-101 — 65-1-116) › Part 1 - GENERAL PROVISIONS (§§ 65-1-101 — 65-1-116) › Section 65-1-116 - Commissioners deemed state employees eligible for insurance benefits

Tennessee public utility commission commissioners shall be deemed state employees as defined in §
8-27-201(g)
[repealed and reenacted; see Compiler's Notes] and shall be eligible for participation in group insurance for state officials and employee plans as approved by the general assembly.
Acts 2012, ch. 1070, § 11.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commission" means the Tennessee public utility commission;
(2)
"Contested case" means all proceedings before the commission in which the legal rights, duties, or privileges of specific parties are determined after a hearing before the commission; provided, that the fixing of rates shall be deemed a contested case rather than a rule-making proceeding; and
(3)
"Rule" means every regulation, or statement of policy, or interpretation of general application and future effect, including the amendment or repeal thereof, adopted by the commission, whether with or without a prior hearing, to implement or make specific the laws enforced or administered by it, or to govern its organization or procedures, but does not include regulations concerning only the internal management of the commission which do not directly affect the rights or procedures available to the public.
Amended by 2017 Tenn. Acts, ch. 94,Secs.s48, s50 eff. 4/4/2017.
Acts 1953, ch. 162, § 1 (Williams, § 5501.24); impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-201; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-102 - Adoption, effective date and publication of rules

(a)
The commission is empowered and directed to adopt rules in the following circumstances and in the following manner:
(1)
The commission shall adopt rules governing the procedure prescribed or authorized by this chapter or by any other statute applicable to the commission; these rules shall include, but shall not be limited to, rules of practice before the commission, together with forms and instructions;
(2)
The commission is empowered to adopt rules implementing, interpreting, or making specific the various laws which it enforces or administers; provided, that the commission shall have no power to vary or deviate from those laws, nor to extend its power or jurisdiction to matters not provided for in those laws;
(3)
The commission may adopt, amend, or repeal such rules on its own motion, or on the petition of any interested person. The commission shall prescribe by rule the form of such petitions and the procedure for their submission, consideration and disposition; provided, that the commission shall abide by any such rule adopted by it, until it shall have been changed in the manner provided for in this chapter; and
(4)
Prior to the adoption of any rule, or to the amendment or repeal of any rule, the commission shall, so far as practicable and in such manner as it deems expedient, publish or otherwise circulate notice of its intended action, and afford interested persons opportunity to submit data or argument in such manner as the commission shall prescribe; provided, that no person shall be entitled to challenge the validity of such a rule, or the amendment or repeal of such a rule, on the grounds that such person failed to receive such notice or was not given an opportunity to be heard.
(b)
Rules adopted by the commission shall take effect at such date as the commission shall direct. The commission shall compile and publish all rules adopted by it in such manner and in such form as it deems expedient. The commission shall also furnish copies of such compilations of its rules to all persons requesting same at a price fixed by the commission to cover publication and mailing costs.
Acts 1953, ch. 162, §§ 2, 3(Williams §§5501.25, 5501.26); T.C.A. (orig. ed.), §§ 65-202, 65-203; T.C.A. (orig. ed.), §
65-2-103
; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-103 - Petitions to be in writing - Filing fees

(a)
Every petition filed with the commission shall be in writing and shall be accompanied by a filing fee of twenty-five dollars ($25.00).
(b)
Any petition filed on behalf of multiple parties shall be accompanied by a payment of twenty-five dollars ($25.00) for each party.
Acts 1986, ch. 862, § 1; 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-104 - Petition for declaratory ruling by the commission

On the petition of any interested person, the commission may issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it or with respect to the meaning and scope of any order of the commission. A declaratory ruling, if issued after argument and stated to be binding, is binding between the commission and the petitioner on the state of facts alleged in the petition, unless it is altered or set aside by a court in a proper proceeding. Such rulings are subject to review in the chancery court of Davidson County in the manner provided in this chapter for the review of decisions in contested cases. The commission shall prescribe by rule the form for such petitions and the procedure for their submission, consideration, and disposition.
Acts 1953, ch. 162, § 5 (Williams, § 5501.28); T.C.A. (orig. ed.), § 65-204; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-105 - Declaratory judgment on validity of rules

The validity of any rule of the commission may be determined upon petition for a declaratory judgment thereon addressed to the chancery court of Davidson County, when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the petitioner. The commission shall be made a party to all such proceedings. Such declaratory judgment may be rendered whether or not the petitioner has first requested the commission to pass upon the validity of the rule in question. In passing on such rules, the court shall declare the rule invalid only if it finds that it violates constitutional provisions or exceeds the statutory authority of the commission or was adopted without compliance with the rulemaking procedures provided for in this chapter.
Acts 1953, ch. 162, § 4 (Williams, § 5501.27); T.C.A. (orig. ed.), § 65-205; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-106 - Show cause orders

The commission is empowered and authorized in the exercise of the powers and jurisdiction conferred upon it by law to issue orders on its own motion citing persons under its jurisdiction to appear before it and show cause why the commission should not take such action as the commission shall indicate in its show cause order appears justified by preliminary investigation made by the commission under the powers conferred upon it by law. All such show cause orders shall fully and specifically state the grounds and bases thereof, and the respondents named in the orders shall be given an opportunity to fully reply thereto. Show cause proceedings shall otherwise follow the provisions of this chapter with reference to contested cases, except where otherwise specifically provided.
Acts 1953, ch. 162, § 7 (Williams, § 5501.30); T.C.A. (orig. ed.), § 65-206; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-107 - Parties to contested cases

All persons having a right under the provisions of the laws applicable to the commission to appear and be heard in contested cases as defined in this chapter shall be deemed parties to such proceedings for the purposes of this chapter. In addition, the commission may upon motion allow any interested person to intervene and become a party to any contested case.
Acts 1953, ch. 162, § 6 (Williams, § 5501.29); T.C.A. (orig. ed.), § 65-207; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-108 - Notice and hearing in contested cases

All parties to contested cases shall be afforded an opportunity for hearing after reasonable notice. The notice shall state the time, place, and issues involved as specifically as may be practicable. At the hearing all parties shall be afforded an opportunity to present evidence and argument in accordance with the rules of the commission; provided, that informal disposition may also be made of any case by stipulation, agreed settlement, consent order, or default; and provided further, that this section shall not be applicable to proceedings otherwise provided for by law.
Acts 1953, ch. 162, § 8 (Williams, § 5501.31); T.C.A. (orig. ed.), § 65-208; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-109 - Rules of evidence - Judicial notice - Burden of proof

In all contested cases:
(1)
The commission shall not be bound by the rules of evidence applicable in a court, but it may admit and give probative effect to any evidence which possesses such probative value as would entitle it to be accepted by reasonably prudent persons in the conduct of their affairs; provided, that the commission shall give effect to the rules of privilege recognized by law; and provided further, that the commission may exclude incompetent, irrelevant, immaterial or unduly repetitious evidence;
(2)
All evidence, including records and documents in the possession of the commission of which it desires to avail itself, shall be offered and made a part of the record in the case, and no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference;
(3)
Every party shall have the right of cross-examination of witnesses who testify, and shall have the right to submit rebuttal evidence;
(4)
The commission may take notice of judicially cognizable facts and, in addition, may take notice of general, technical, or scientific facts within its specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noted. The commission may utilize its experience, technical competence, and specialized knowledge in the evaluation of evidence presented to it; and
(5)
The burden of proof shall be on the party or parties asserting the affirmative of an issue; provided, that when the commission has issued a show cause order pursuant to this chapter, the burden of proof shall be on the parties thus directed to show cause.
Acts 1953, ch. 162, § 10 (Williams, § 5501.33); T.C.A. (orig. ed.), § 65-209; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-110 - Commission reporter - Preparation of official record

The commission is authorized and directed to employ a competent court reporter or stenographer, whose salary shall be paid out of the general appropriations for the commission, and whose duties shall be to attend all sessions of the commission, to take down and transcribe all testimony offered in contested cases, to prepare the official record of all contested cases, which record shall include all petitions, applications, testimony, exhibits and such other matters as required by law or as the commission may direct, and to perform such other duties as the commission may direct; provided, that the commission may, in its discretion, direct the reporter not to transcribe particular proceedings if it appears that no such transcript is necessary; and provided further, that any party to a contested case may obtain copies of the transcript of testimony made by the commission's reporter upon the payment to the commission of the cost of same at such rate as the commission may determine.
Amended by 2017 Tenn. Acts, ch. 94,s 49, eff. 4/4/2017.
Acts 1953, ch. 162, § 9 (Williams, § 5501.32); T.C.A. (orig. ed.), § 65-210; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-111 - Proceedings before hearing examiners

In any contested case, the commission may direct that the proceedings or any part thereof shall be heard by a hearing examiner to be appointed by the commission; provided, that only the members of the commission and the regular employees of the commission shall be eligible to serve as such examiners. Proceedings before hearing examiners shall be according to this chapter, other applicable laws and the rules of the commission. Whenever a contested case, or any part thereof, is heard by a hearing examiner, the hearing examiner shall make a proposal for decision in writing which shall include findings of fact and conclusions of law made by the hearing examiner. Such proposals for decisions shall be served on all parties of record, and each party who would be adversely affected by the proposed decision shall be given an opportunity to file exceptions and present argument in writing to the commission itself. Before the commission shall enter a final order in such cases, the members thereof shall personally consider the entire record, or such portion thereof as may be cited by the parties, and shall make its decision in the form and manner prescribed by this chapter for decisions in contested cases.
Acts 1953, ch. 162, § 11 (Williams, § 5501.34); T.C.A. (orig. ed.), § 65-211; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-112 - Decisions and orders in contested cases

Every final decision or order rendered by the commission in a contested case shall be in writing, or stated in the record, and shall contain a statement of the findings of fact and conclusions of law upon which the decision of the commission is based. Copies of such decisions or orders shall be delivered or mailed to each party or to the party's attorney of record.
Acts 1953, ch. 162, § 12 (Williams, § 5501.35); T.C.A. (orig. ed.), § 65-212; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-113 - Publication of decisions and orders in contested cases

The commission shall each year compile and publish in such manner as it deems expedient such of its decisions or orders as it deems to be of general interest, and shall charge for copies of such compilations a reasonable price to cover the cost of publication and mailing. The commission may also include within such compilations decisions or orders with reference to the rules of the commission.
Acts 1953, ch. 162, § 19 (Williams, § 5501.42); T.C.A. (orig. ed.), § 65-213; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-114 - Petitions for rehearing in contested cases

Any party to a contested case who deems to be aggrieved by a final order of the commission and who desires to have the same modified or set aside may within fifteen (15) days after the entry of such order file with the commission a written petition for rehearing, which shall specify in detail the grounds for the relief sought in the petition and authorities in support.
Acts 1953, ch. 162, § 13 (Williams, § 5501.36); T.C.A. (orig. ed.), § 65-214; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-115 - Effect of filing of petition for rehearing

The filing of a petition for rehearing shall not suspend or delay the effective date of the commission's order, and the order shall take effect on the date fixed by the commission and shall continue in effect unless and until the petition is granted or until the order is superseded, modified, or set aside in a manner provided by law.
Acts 1953, ch. 162, § 14 (Williams, § 5501.37); T.C.A. (orig. ed.), § 65-215; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-116 - Grounds for rehearing

A petition for rehearing will lie only for the following grounds:
(1)
Some material error of law committed by the commission;
(2)
Some material error of fact committed by the commission; or
(3)
The discovery of new evidence sufficiently strong to reverse or modify the commission's order, and which could not have been previously discovered by due diligence.
Acts 1953, ch. 162, § 15 (Williams, § 5501.38); T.C.A. (orig. ed.), § 65-216; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-117 - Replies to petitions for rehearing

Copies of a petition for rehearing shall be served on all parties of record who may file replies to such petition.
Acts 1953, ch. 162, § 16 (Williams, § 5501.39); T.C.A. (orig. ed.), § 65-217.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-118 - Disposition of petitions for rehearing

The commission may, in its discretion, set the petition down for hearing or enter an order with reference to the petition without a hearing; provided, that in any event the commission shall dispose of the petition within thirty (30) days after filing thereof. If the commission enters no order disposing of the petition within the thirty-day period, the petition shall be deemed to have been denied as of the expiration of the thirty-day period.
Acts 1953, ch. 162, § 17 (Williams, § 5501.40); T.C.A. (orig. ed.), § 65-218; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-119 - Proceedings upon granting of petition for rehearing

Upon the granting of a petition for rehearing by the commission, the commission shall set the matter for rehearing as soon as practicable. In disposing of matters on rehearing, the commission shall have all the powers and shall follow the procedures of the chancery courts with reference to the disposition of rehearings in such courts, except as otherwise provided in this chapter.
Acts 1953, ch. 162, § 18 (Williams, § 5501.41); T.C.A. (orig. ed.), § 65-219; Acts 1995, ch. 305, § 9.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-120 - Conflict of laws

If, in any case to which this chapter applies, this chapter conflicts with any other law in this state, this chapter shall control.
Acts 1953, ch. 162, § 31 (Williams, § 5501.54); T.C.A. (orig. ed.), § 65-231.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-121 - Liberal construction of chapter

This chapter shall not be construed as in derogation of the common law, but shall be given a liberal construction, and any doubt as to the existence or the extent of a power conferred shall be resolved in favor of the existence of the power.
Acts 1953, ch. 162, § 32 (Williams, § 5501.55); T.C.A. (orig. ed.), § 65-232.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 2 - PROCEDURE BEFORE THE TENNESSEE PUBLIC UTILITY COMMISSION (§§ 65-2-101 — 65-2-122) › Section 65-2-122 - Establishment of optional services purchased by regulated entities or unregulated service providers - Cost-based charges for services - Election to use services

(a)
The commission may establish optional services that may be purchased by regulated entities or other unregulated service providers, which are related to the exercise, administration or enforcement of jurisdiction delegated to the commission by state or federal law.
(b)
The establishment of charges for services described in subsection (a) shall be cost-based.
(c)
No charge for services as established in this section shall be applied to any party that does not expressly elect to use such services, and no party shall be required to elect to use such optional services as a condition of initiating any case before the commission.
Added by 2013 Tenn. Acts, ch. 245, s 3, eff. 4/19/2013.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-101 - All railways subject to chapter

All railways are declared subject to this chapter, and all individuals, companies, corporations, trustees, receivers, and lessees, owning, operating, and managing such railways for the transportation of freight and passengers, are declared common carriers.
Acts 1897, ch. 10, § 14; Shan., § 3059a39; Code 1932, § 5415; T.C.A. (orig. ed.), § 65-301.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-102 - Interstate commerce excepted

This chapter and chapter 5 of this title shall be construed to apply to and affect only the transportation of passengers, freight cars and services to persons or between points within this state.
Acts 1897, ch. 10, § 30; Shan., § 3059a 67; mod. Code 1932, § 5443; T.C.A. (orig. ed.), § 65-302.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-103 - Uniform laws

It is the duty of the department of transportation, by correspondence, conventions, or otherwise, to confer with such departments of other states and the interstate commerce commission, and such persons from states which have no railroad commission, as the governors of such states may appoint, for the purpose of agreeing, if practicable, upon a draft of statutes to be submitted to the legislature of each state, which shall secure uniform control of transportation in the several states, and from one (1) state into or through another state, as will best subserve the interest of trade and commerce of the whole country; and the department of transportation shall include in its annual report to the governor an abstract of the proceedings of any such conference or convention.
Acts 1897, ch. 10, § 29; Shan., § 3059a66; Code 1932, § 5442; T.C.A. (orig. ed.), § 65-303; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-104 - Power to adopt rules and regulations

The department of transportation has the power to make all needed rules for its government and for its proceedings, and regulate the mode of all investigations and hearings of railroad companies and other parties before it, and to adopt and enforce such rules and regulations and modes of procedure as it may deem proper for the hearing and determination of all complaints made by any railroad company or other parties; provided, that no person desiring to be present at any such investigation by the department of transportation shall be denied admission.
Acts 1897, ch. 10, § 8; 1907, ch. 390, § 2; Shan., § 3059a23; Code 1932, § 5399; T.C.A. (orig. ed.), § 65-304; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-105 - Enforcement of regulations and orders

The department of transportation is to perform all duties imposed upon it by this chapter and chapter 5 of this title, and see that such companies shall comply with all such regulations and orders as it may reasonably and lawfully make. If any such company fails or refuses to comply with such reasonable and lawful regulations and orders, it shall be the duty of the department of transportation to enforce the same. Power is given the department of transportation to enforce the same by mandamus or mandatory injunction, or by other summary proceedings provided by law. In all such proceedings, the orders, regulations, rates and tariffs made and fixed by the department of transportation pursuant to this chapter and chapter 5 of this title shall be taken and treated as prima facie reasonable and valid. It is made the duty of the courts having jurisdiction in such proceedings to hear and determine all such summary causes as speedily as practicable, giving preference or priority thereto as in revenue causes.
Acts 1897, ch. 10, § 32; 1915, ch. 92, § 1; Shan., § 3059a69; Acts 1921, ch. 70, § 2; mod. Code 1932, § 5445; T.C.A. (orig. ed.), § 65-305; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-106 - Information concerning company affairs

(a)
The department of transportation shall inform itself fully and thoroughly in regard to the affairs of every company doing business in this state, and under its jurisdiction. It shall cause to be prepared suitable blanks with questions calculated to elicit all information concerning same, and, as often as may be necessary, furnish the blanks to each such company.
(b)
Each company receiving from the department of transportation any such blanks shall cause the same to be properly filled out, so as to answer fully and correctly each question therein propounded, and in case such company is unable to answer any question, it shall give a satisfactory reason for its failure, and the answer, duly sworn to by the proper officer of the company, shall be returned to the department of transportation at its office in Nashville within thirty (30) days from the receipt of same.
Acts 1897, ch. 10, § 8; Shan., §§ 3059a24, 3059a25; Code 1932, §§ 5400, 5401; T.C.A. (orig. ed.), §§ 65-306, 65-307; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-107 - Company reports

(a)
It is the duty of each and every company, corporation, or individual, owning, operating, or managing such a company in this state, to send to the department of transportation at its office in Nashville, the monthly, quarterly, and annual statements of the operations of such company or individual, if such reports are issued; if not, then such company or individual shall send such reports as may be issued at any special or regular time. The president or chief officer of each and every such company shall, on or before February 1 of each year, make and transmit to the department of transportation at its office in Nashville, under oath of the president or chief officer of the company, a full and true statement of the affairs of the company as the same existed on the preceding January 1, in accordance with the direction and schedules prepared and furnished by the department of transportation.
(b)
All common carriers shall send a copy of all safety inspection reports of such common carrier's tracks or track system which are prepared for or made by the federal railroad administration to the department of transportation. "Common carrier" is understood not to apply to private in-plant or intra-plant trackage owned or leased by private corporations which do not engage in serving the public as common carriers.
(c)
Any officer, agent, or employee failing or refusing to make, under oath, any report required by the department of transportation, within the time required, or failing or refusing to answer fully under oath, if required, any inquiry propounded by the department of transportation, or who shall, in any way, hinder or obstruct the department of transportation, in the discharge of its duties, commits a Class C misdemeanor.
Acts 1897, ch. 10, §§ 12, 13; Shan., §§ 3059a37, 3059a38; Code 1932, §§ 5413, 5414; Acts 1979, ch. 423, § 1; T.C.A. (orig. ed.), §§ 65-308, 65-309; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-108 - Powers of department of transportation to examine

The department of transportation is given full power to examine the books and papers of the companies, and to examine, under oath, the officers, agents, and employees of the companies and any other persons, to procure the necessary information to intelligently and justly discharge its duties and carry out the provisions of this chapter and chapter 5 of this title.
Acts 1897, ch. 10, § 8; Shan., § 3059a26; Code 1932, § 5402; T.C.A. (orig. ed.), § 65-310; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-109 - Confidential information

The department of transportation shall not give publicity to any contracts, leases, or engagements obtained by it in its official capacity, if the interests of any company would thereby be injuriously affected, unless, in the judgment of the department of transportation, the public interest requires it.
Acts 1897, ch. 10, § 11; Shan., § 3059a36; Code 1932, § 5412; T.C.A. (orig. ed.), § 65-311; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-110 - Power of department of transportation to take evidence

The department of transportation has the power to examine, under oath, any person, or the directors, officers, agents, and employees of any such corporation doing business in this state, concerning the management of its affairs, and to obtain information pursuant to this chapter and chapter 5 of this title, and has the power to issue subpoenas for the attendance of witnesses, to compel the production of books and papers, and to administer oaths.
Acts 1897, ch. 10, § 9; Shan., § 3059a27; Code 1932, § 5403; T.C.A. (orig. ed.), § 65-312; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-111 - Refusal to obey process or testify - Penalty

Any person who neglects or refuses to obey the process of subpoenas issued by the department of transportation or who, being in attendance, refuses to testify commits a Class C misdemeanor. Each refusal to obey the subpoena or to testify is a separate offense.
Acts 1897, ch. 10, § 9; Shan., § 3059a28; Code 1932, § 5404; T.C.A. (orig. ed.), § 65-313; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-112 - Power to issue subpoenas

The department of transportation, in making any examination or investigation provided for, has the power to issue subpoenas for the attendance of witnesses by such rules as it may prescribe.
Acts 1897, ch. 10, § 10; Shan., § 3059a29; Code 1932, § 5405; T.C.A. (orig. ed.), § 65-314; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-113 - Compensation of witnesses

Each witness who appears before the department of transportation, by order of the department of transportation, shall receive for attendance the compensation provided by law, which shall be paid by the state treasurer on warrant of the commissioner of finance and administration, upon the presentation of proper voucher sworn to by such witness, and approved by the commissioner of transportation; provided, that no witness shall be entitled to any witness fees or mileage who is directly or indirectly interested in any such company in this state or out of it, or who is in any way interested in any stock, bond, mortgage, security, or earnings of any such company, or who shall be the agent or employee of such company, or an officer thereof when summoned at the instance of such company. No witness furnished with free transportation shall receive compensation for the distance traveled on such free transportation.
Acts 1897, ch. 10, § 10; Shan., § 3059a30; Code 1932, § 5406; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 65-315; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-114 - Witness failing to obey subpoena

In case any witness fails or refuses to obey a subpoena, the department of transportation may issue an attachment for such witness, directed to any sheriff or constable of the state, and compel the witness to attend before the department of transportation and give testimony upon such matters as shall be lawfully required by it.
Acts 1897, ch. 10, § 10; Shan., § 3059a31; Code 1932, § 5407; T.C.A. (orig. ed.), § 65-316; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-115 - Witness failing to attend or answer questions

If a witness, after being duly summoned, fails or refuses to attend, or to answer any question propounded to such witness, which such witness would be required to answer if in court, the department of transportation shall have power to fine and imprison such witness for contempt in the same manner that the judge of any court of competent jurisdiction might do under similar circumstances.
Acts 1897, ch. 10, § 10; Shan., § 3059a32; Code 1932, § 5408; T.C.A. (orig. ed.), § 65-317; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-116 - Officers or employees testifying exempt from indictment

No officer, agent, servant, or employee of any such company, who appears and testifies before the department of transportation under this chapter or chapter 5 of this title or in any civil or criminal proceedings instituted by the department of transportation under this chapter or chapter 5 of this title, shall be liable to indictment or presentment for any violation of this chapter or chapter 5 of this title about which such person so testifies.
Acts 1897, ch. 10, § 10; Shan., § 3059a33; Code 1932, § 5409; T.C.A. (orig. ed.), § 65-318; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-117 - Depositions

The department of transportation shall, in all cases, have a right in its discretion to issue proper process and take depositions instead of compelling personal attendance of witnesses.
Acts 1897, ch. 10, § 10; Shan., § 3059a34; Code 1932, § 5410; T.C.A. (orig. ed.), § 65-319; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-118 - Fees of sheriff or constable executing process

The sheriff or constable executing any process issued under this chapter and chapter 5 of this title shall receive such compensation as may be allowed by the department of transportation, not to exceed the fees prescribed by law for similar services.
Acts 1897, ch. 10, § 10; Shan., § 3059a35; Code 1932, § 5411; T.C.A. (orig. ed.), § 65-320; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-119 - Penalties generally

(a)
It is the duty of the district attorneys general to bring suit in the name of the state on the relation of the department of transportation, in any court having jurisdiction thereof, to recover any penalty imposed by this chapter and chapter 5 of this title.
(b)
If any company, corporation or lessee knowingly violates this chapter or chapter 5 of this title, or does any act prohibited therein, or fails or refuses to perform any duty required by the department of transportation pursuant to this chapter or chapter 5 of this title for which a penalty has not therein been provided, for each and every such act of violation it shall pay to the state of Tennessee a penalty of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(c)
All penalties provided for in this chapter or chapter 5 of this title shall be recovered, and suit thereon shall be brought, in the name of the state of Tennessee.
(d)
All penalties and fines recovered shall be paid into the state treasury.
Acts 1897, ch. 10, §§ 20, 25, 26; Shan., §§ 3059a46, 3059a55, 3059a59, 3059a60; Code 1932, §§ 5422, 5431, 5435, 5436; modified; Acts 1980, ch. 760, § 1; T.C.A. (orig. ed.), §§ 65-321 -- 65-324; Acts 1991, ch. 138, § 2; 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-120 - Civil and criminal suits

(a)
The circuit, chancery courts and courts of general sessions have jurisdiction of all suits of a civil nature arising under this chapter and chapter 5 of this title, according to the nature of the suit and the amount involved, and the circuit and criminal courts have jurisdiction of all criminal proceedings so arising.
(b)
The district attorney general of the judicial district in which the suit is to be instituted shall prosecute suits so brought in the name of the state.
(c)
The department of transportation shall report all such violations with the facts in its possession to such district attorney general and request the district attorney general to institute the proper proceedings.
(d)
All suits between the state and any such company shall have precedence in all courts over all other suits pending therein, and the judges of the courts are directed to advance such suits on their dockets.
Acts 1897, ch. 10, §§ 26, 27; Shan., §§ 3059a56, 3059a61, 3059a63, 3059a64; Code 1932, §§ 5432, 5437, 5439, 5440; impl. am. Acts 1979, ch. 68, § 3; modified; T.C.A. (orig. ed.), §§ 65-325 -- 65-328; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-121 - Indictments - Prosecutor

(a)
Indictments or presentments under this chapter and chapter 5 of this title shall be only upon recommendation or request of the department of transportation, filed in the court having jurisdiction of the offense.
(b)
The department of transportation or any member thereof, or any person authorized by law to prosecute criminal cases, may be prosecutor.
Acts 1897, ch. 10, § 26; Shan., § 3059a57; Code 1932, § 5433; T.C.A. (orig. ed.), § 65-329; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-122 - Limitation of actions

All prosecutions or actions under this chapter and chapter 5 of this title shall be commenced within one (1) year after the offense has been committed or the cause of action has accrued, or the same shall be barred.
Acts 1897, ch. 10, § 26; Shan., § 3059a58; Code 1932, § 5434; T.C.A. (orig. ed.), § 65-330; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-123 - Abatement of dangerous or unhealthy conditions

(a)
The department of transportation has the power and authority relative to commercial railroads, interurban railroads, and street railroads to inspect the conditions existing on all trains operating in Tennessee, along the rail rights-of-way, in rail yards and terminals, and at rail loading and unloading facilities connected to property owned or operated by the railroads, except for those areas of loading and unloading facilities requiring no access for service by Class I railroads. This power and authority is in addition to those granted in §
65-11-107
. Such inspection shall be conducted for the purpose of assuring the safety, health and comfort of rail customers, the general public and rail employees, and for the purpose of abating and removing any dangerous or unhealthy conditions found to exist in these locations.
(b)
The department of transportation, on its own motion or on the petition of any citizen, shall have a hearing on the question embraced within this section, as to the presence of dangerous or unhealthy conditions of trains or along the rights-of-way, yards and terminals of all commercial railroads and street railroads.
(c)
It is the duty of the department of transportation, after the hearing, to order the abatement and removal of any dangerous or unhealthy condition, if found to exist, and to order improvements to be made remedying same, when such conditions are shown to be dangerous to the health and safety of the general public or the employees.
Acts 1939, ch. 130, § 1; C. Supp. 1950, § 5449; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-331; Acts 1991, ch. 138, § 1; 1995, ch. 305, §§ 10, 12.