Definitions

(1) “ALJ” means an administrative law judge from the Administrative Procedures Division of the Office of the Secretary of State who shall preside over the contested case hearing. (2) “Commissioner” means the Commissioner of Labor and Workforce Development. (3) “Commissioner’s Designee” means an individual who shall preside over the contested case hearing. (4) “Department” means the Department of Labor and Workforce Development. (5) “Employ” or “employment” means any work engaged in for compensation in money or other valuable consideration and for which a person paying the compensation for the work performed is required to file a W-2 wage and tax statement with the federal Internal Revenue Service. (6) “Illegal alien” means a person who is at the time of employment neither an alien who is lawfully admitted for permanent residence in the United States pursuant to the federal Immigration and Naturalization Act, compiled in 8 U.S.C. §1101 et seq., nor authorized to be employed by the federal Immigration and Naturalization Act or the United States Attorney General. LICENSE SUSPENSION FOR THE EMPLOYMENT OF CHAPTER 0800-7-1 ILLEGAL ALIENS (7) “Knowingly” means having actual knowledge that a person is an illegal alien or having a duty imposed by law to determine the immigration status of an illegal alien and failing to perform that duty. (8) “Lawful resident alien” means a person who is entitled to lawful residence in the United States pursuant to the federal Immigration and Naturalization Act. (9) “Lawful resident verification information” means the documentation that is required by the United States Department of Homeland Security when completing the employment eligibility verification form commonly referred to as the federal Form I-9. Documentation that later proves to be falsified, but that at the time of employment satisfies the requirements of the Form I-9, is lawful resident verification information. (10) “License” means any certificate, approval, registration or similar form of permission required by law. (11) “Person” means any individual, corporation, partnership, association or any other legal entity. (12) “Substantial evidence” means such relevant evidence as a reasonable mind might accept to support a rational conclusion and such as to furnish a reasonably sound basis for the action under consideration. (13) “UAPA” means the Uniform Administrative Procedures Act, Tennessee Code Annotated §§4- 5-101 et seq.