Purpose

(1) The purpose of these rules is to implement the amendments to Tennessee Code Annotated §50-1-103 regarding the employment of illegal aliens (“Act”.) Under the Act, the Commissioner of the Department of Labor and Workforce Development is required to investigate complaints against persons who have knowingly employed, recruited or referred for a fee for employment an illegal alien. After the investigation, if there is substantial evidence that a person violated the Act, a contested case hearing shall be conducted pursuant to the Uniform Administrative Procedures Act, Tennessee Code Annotated §§4-5- 101 et seq. to determine whether clear and convincing evidence shows that the person knowingly violated the Act. After the contested case hearing, if the person violated the Act, the Commissioner shall request an order consistent with Tennessee Code Annotated §4-5- 320 requiring the appropriate regulatory board or local government with respect to business licensure pursuant to Title 67, Chapter 4, to revoke, suspend, or deny the person’s license.