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Current as of January 02, 2024 | Updated by Findlaw Staff
(a)(1) Not later than June 30, 2025, all commission procedures, reports, functions, duties, and records, including, but not limited to, all the commission's case files, must be transferred to the office of the attorney general and reporter. The attorney general is not required to carry out procedures, functions, or duties no longer required by this chapter on or after July 1, 2025.
(2) As part of the transfer of procedures, reports, functions, duties, and records in conjunction with subdivision (a)(1):
(A) The commission and its employees shall fully cooperate with the office of the attorney general and reporter in the execution of this chapter by timely providing requested information and sharing relevant documents and data; and
(B) The attorney general must have access to all documents, data, information, and physical office locations of the commission.
(3) The transfer or sharing of documents, data, records, or other information pursuant to this section does not waive an applicable privilege from disclosure.
(4) If the attorney general determines that a contract, agreement, memorandum of understanding, or lease entered into by the commission prior to July 1, 2025, and still in effect on July 1, 2025, is necessary or appropriate to achieve the purposes of this chapter, then the commission shall assign all rights and duties of such contracts, agreements, memoranda of understanding, or leases to the office of the attorney general and reporter as a successor in interest. The commission shall submit a list and copies of the contracts, agreements, memoranda of understanding, or leases entered into by the commission to the attorney general that will be in effect on July 1, 2025, or subsequent to such date. A contract entered into by the commission must not be assigned to the office of the attorney general and reporter without the attorney general's approval.
(5) All rules transferred from the commission to the attorney general pursuant to § 4-5-226(b)(2) are repealed.
(b)(1) Any complaint that is pending before the commission on June 30, 2025, is terminated and is of no legal effect.
(2) If the commission did not hold a hearing on the pending complaint, the complainant may re-file the complaint with the office of the attorney general and reporter or file a private civil action pursuant to § 4-21-311 within ninety (90) days of July 1, 2025.
(3)(A) If the commission held a hearing on the pending complaint, then the commission must issue a final order no later than June 30, 2025. Should the commission fail to issue a final order on a case for which it has held a hearing, the complaint must be considered dismissed by the commission without prejudice by operation of law.
(B) If a complaint is dismissed without prejudice under this section, then the complainant may re-file the complaint with the office of the attorney general and reporter or file a private civil action pursuant to § 4-21-311 within ninety (90) days of July 1, 2025.
(c)(1) All lawful orders issued by the commission prior to July 1, 2025, and the remedies included therein remain valid and effective if the commission could lawfully issue such order. The attorney general is authorized to enforce the terms of the orders and may investigate an alleged failure to comply with such orders.
(2) All final orders entered by the commission prior to July 1, 2025, may be subject to judicial review as provided in § 4-21-307.
(d) All conciliation agreements entered into by the commission prior to July 1, 2025, remain valid and may be enforced pursuant to this chapter.
(e) As soon as practicable, but not later than June 30, 2025, the commission shall send written notice to all complainants that the commission will cease to exist on July 1, 2025, and pending complaints are subject to this section.
(f) The state, as represented by the attorney general, is substituted for the commission in all current actions or proceedings beginning on and after July 1, 2025.
Cite this article: FindLaw.com - Tennessee Code Title 4. State Government § 4-21-1201 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-4-state-government/tn-code-sect-4-21-1201/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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