§ 3-6-209. Complaints Against Commission — Special Joint Committee — Probable Cause — Recommendation on Penalty — Sanctions for Unsubstantiated Complaints — Immunity
An individual who is within the jurisdiction of the commission may file a sworn complaint against any member or employee of the commission alleging a violation of this chapter, including allegations of arbitrary and capricious actions of the commission against the individual. The complaint shall state with specificity such allegation. Such complaint shall be filed […]
§ 3-6-210. Applicability of §§ 3-6-201 — 3-6-203 — Authority of Commission to Investigate Alleged Violations of Title 8, Chapter 50, Part 5 — Petitions Considered as Contested Case
Except as provided in subdivision (b)(1), §§ 3-6-201 — 3-6-203 shall only apply to a complaint alleging a violation of this chapter. The commission has the authority to investigate any alleged violation of title 8, chapter 50, part 5, upon a sworn complaint by a citizen of this state that meets the requirements of § […]
§ 3-6-208. Sanctions for Unsubstantiated Complaints — Immunity
If the commission determines that a person: Filed a complaint or provided information that resulted in an investigation knowing that the material statements in the complaint or the information provided was not true; Filed an unsubstantiated complaint in reckless disregard of the truth or falsity of the statements contained in the complaint; or Filed one […]
§ 3-6-201. Complaints by Private Citizens or the Commission
Any citizen of Tennessee may file a sworn complaint executed on a form prescribed by the Tennessee ethics commission alleging a violation of laws or rules within the jurisdiction of the commission. No political party chairman, state or county executive director of a political party, or employee or agent of a political party acting in […]
§ 3-6-202. Confidentiality — Public Disclosure
The members and staff of the Tennessee ethics commission shall preserve the confidentiality of all commission proceedings, including records relating to a preliminary investigation. Such records shall be exempt from the provisions of title 10, chapter 7 and shall be confidential until: The alleged violator requests in writing that the investigation and associated records and […]
§ 3-6-203. Preliminary Investigation — Referral of Sufficient Complaint to Attorney General — Presentation of Evidence on Probable Cause — Determination of Probable Cause — Public Hearing
The commission shall initiate a preliminary investigation of each sworn complaint that complies with § 3-6-201. If the commission determines that the sworn complaint does not comply with § 3-6-201, then the commission shall dismiss the complaint and notify the complainant. In the notification sent to the complainant, the commission shall state with particularity why […]
§ 3-6-204. Subpoena Power — Fees — Judicial Review — Procedure
The Tennessee ethics commission, on its own motion or at the request of the alleged violator, may issue subpoenas in accordance with the Tennessee Rules of Civil Procedure, except that service may be by certified mail, in addition to the means of service provided by the Tennessee Rules of Civil Procedure. Witnesses under subpoena shall […]
§ 3-6-205. Penalties
The Tennessee ethics commission may impose a civil penalty for a violation of title 8, chapter 50, part 5. “Class 1 offense” means the late filing of any report or statement required by title 8, chapter 50, part 5. A Class 1 offense shall be punishable by a civil penalty of not more than twenty-five […]
§ 3-6-206. Register of Unpaid Penalties — Effect of Unpaid Penalties
The Tennessee ethics commission shall maintain a register of all civil penalties imposed under this chapter and remaining unpaid. If a civil penalty lawfully assessed and any lawfully assessed cost attendant to the penalty are not paid within thirty (30) days after the assessment becomes final, any candidate owing a civil penalty shall be ineligible […]
§ 3-6-207. Misuse of Office for Personal Gain by General Assembly Member
Notwithstanding § 3-6-203, if the commission determines that probable cause exists to believe that a member of the general assembly has committed an act constituting misuse of office for personal financial gain, then, except as otherwise provided in § 3-6-306(a)(3), no civil penalty shall be imposed and the commission shall instead report its determination and […]