Penalty for knowing or intentional violations - Presumptions

(a) A state employee who knowingly or intentionally violates § 8-31-103 , and thereafter willfully fails or refuses to remove or remedy the violation as provided by § 8-31-104 , commits a Class A misdemeanor. (b) Upon a violation of § 8-31-103 by a state employee, there is created a rebuttable presumption that a willful failure or refusal to remove or remedy the violation as provided by § 8-31-104 constitutes an actionable basis to institute ouster proceedings under chapter 47 of this title; impeachment proceedings under chapter 46 of this title; or quo warranto proceedings under title 29, chapter 35. Added by 2023 Tenn. Acts, ch. 50, s 2, eff. 7/1/2023. (a) A state employee who knowingly or intentionally violates § 8-31-103 , and thereafter willfully fails or refuses to remove or remedy the violation as provided by § 8-31-104 , commits a Class A misdemeanor. (b) Upon a violation of § 8-31-103 by a state employee, there is created a rebuttable presumption that a willful failure or refusal to remove or remedy the violation as provided by § 8-31-104 constitutes an actionable basis to institute ouster proceedings under chapter 47 of this title; impeachment proceedings under chapter 46 of this title; or quo warranto proceedings under title 29, chapter 35. Added by 2023 Tenn. Acts, ch. 50, s 2, eff. 7/1/2023.