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Tennessee Statutes § 2-10-109 Duties of attorney general and reporter

⤴ Up to Part 1: Financial Disclosure

Statute Text

(a) It is the duty of the attorney general and reporter to:
(1) Advise county election commissions, primary boards and administrators of elections of their duties and responsibilities required by this part;
(2) Provide opinions upon the requirements of this part to the members of the general assembly, district attorneys general, the state and county election commissions, and such other officials who are charged with the administration of this law; and
(3) Represent the registry of election finance in any action or lawsuit in any court of this state.
(b)
(1) A district attorney shall:
(A) Investigate a sworn complaint filed in accordance with § 2-10- 108(c); and
(B) Upon review and the completion of the investigation of a complaint, refer its investigative report containing findings of potential violations, if any, to the registry for consideration of the assessment of civil penalties pursuant to § 2-10-110 .
(2) The registry may, upon review of an investigative report received from a district attorney general under subdivision (b)(1)(B), dismiss the complaint if the complaint is not factually and legally sufficient. The registry shall notify the complainant of the dismissal. If the registry determines the complaint is factually and legally sufficient, then the registry may set the complaint for a show cause hearing to determine if the registry should take action regarding the complaint, including, but not limited to, assessing civil penalties pursuant to § 2-10-110 .
(3) Both the alleged violator and the complainant may, upon request, present evidence before the registry at or prior to the show cause hearing. The registry shall notify the alleged violator and the complainant that evidence will be presented to the registry if requested. The registry may determine the appropriate procedure for presenting evidence. After the conclusion of the show cause hearing, the registry shall reduce its decision to writing and provide a written statement of the registry's decision to all parties.

History

Amended by 2023 Tenn. Acts, ch. 108 , s 5 , eff. 4/4/2023 .

Acts 1980, ch. 861, §§ 4, 10; 1989, ch. 585, §§ 17, 18.

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