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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) After the attorney general receives a complaint pursuant to this chapter, or when the attorney general has reason to believe a person has engaged in, is engaging in, or is about to engage in a violation of this chapter, the attorney general may negotiate and accept a conciliation agreement regarding an act or practice considered to violate this chapter, from a person who allegedly has engaged in, is engaging in, or is about to engage in the act or practice.
(b) A conciliation agreement is an agreement between a respondent and a complainant or the state and must be approved by the director or the attorney general.
(c) A conciliation agreement is not considered an admission of a prior violation of this chapter. However, unless a conciliation agreement has been rescinded by agreement of the parties with approval by the director or the attorney general, or voided by a court for good cause, a subsequent failure to comply with the terms of the assurance is prima facie evidence of a violation of this chapter.
(d) Except for the terms of the conciliation agreement, the attorney general, or an officer or employee of the office of the attorney general and reporter, shall not make public, without the written consent of the complainant and the respondent, information concerning efforts in a case to eliminate discriminatory practice by conference, conciliation, or persuasion, regardless of whether there is a conciliation agreement.
(e) At the expiration of one (1) year from the date of a conciliation agreement, and at other times in the attorney general's reasonable discretion, the attorney general may investigate whether the terms of the agreement have been and are being complied with by the respondent.
(f) Any knowing violation of the terms of a conciliation agreement, unless it has been rescinded by agreement of the parties with approval by the director or the attorney general, or voided by a court for good cause, is punishable by a civil penalty of not more than two thousand dollars ($2,000) per day for each violation, recoverable by the state, in addition to any other appropriate relief.
Cite this article: FindLaw.com - Tennessee Code Title 4. State Government § 4-21-303 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-4-state-government/tn-code-sect-4-21-303/
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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