§ 50-4-106. Assistance of Department of Labor and Workforce Development Representative — Execution of Warrant
It is the duty of any representative of the department of labor and workforce development charged with the enforcement of the Occupational Safety and Health Act, compiled in chapter 3 of this title, upon the request of the inspecting person or persons, to accompany the person or persons and assist in the service and execution […]
§ 50-4-107. Obstruction of Inspection — Misdemeanor
Any person who willfully refuses to permit inspection, obstructs inspection or aids in the obstruction of an inspection of property described in an administrative inspection warrant commits a Class C misdemeanor.
§ 50-4-108. Suppression of Evidence Seized During Unlawful Inspection
Any person aggrieved by an unlawful inspection of premises named in an administrative inspection warrant may in any judicial or administrative proceeding move to suppress any evidence or information received, or move for the return of any item seized, by the agency pursuant to the inspection. If the court or the administrative agency finds that […]
§ 50-4-101. Administrative Inspection Warrant Available to Department of Labor and Workforce Development
In the event that an employee or official of the department of labor and workforce development authorized to conduct inspections is denied permission to make that inspection, and a warrant is required by the constitution of the United States or the state of Tennessee, the employee or official may obtain an administrative inspection warrant in […]
§ 50-4-102. “Issuing Officer” Defined
As used in this chapter, “issuing officer,” means either: Any official authorized by law to issue search warrants; or Any court of record in the county of residence of the agency making application for an administrative inspection warrant.
§ 50-4-103. Grounds for Issuing Administrative Inspection Warrants — Probable Cause
The issuing officer is authorized to issue administrative inspection warrants authorizing an employee or official of the department of labor and workforce development to inspect named premises and seize certain items. In so doing, the issuing officer must determine from the affidavits filed by the agency requesting the warrant that: The agency and employee or […]
§ 50-4-104. Issuance of Warrant — Notice Not Required
The issuing officer shall immediately make a finding as to whether an administrative inspection warrant should be issued and if the issuing officer so determines, issue the warrant. No notice shall be required prior to the issuance of the warrant.
§ 50-4-105. Contents of Warrant
All warrants shall include at least the following: The name of the agency and employee or official requesting the warrant; The statutory authority for the inspection; The name of the person or persons submitting affidavits in support of the issuance of the warrants; The names of the persons who will conduct the inspection; A reasonable […]