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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

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