§ 26-35. Director's powers; conduct of hearings.

(a)

The director and his deputies may exercise the same investigative powers delegated to the state air pollution control board or to that board's technical secretary by T.C.A. §§ 68-201-101—68-201-203. The director, in accordance with rules and regulations adopted by the board, is empowered to issue an order, or to grant a variance for a period not to exceed one year (which may be renewed for no more than two like periods unless reasonable progress has been made) to any person after according a hearing to such person. Such person, if dissatisfied with the director's decision, may within 30 days appeal therefrom to the board, which shall within a reasonable time after a public hearing confirm, modify or reverse the director's decision, which shall be subject to judicial review as provided by state law. Any other person who disagrees with any ruling of the director for any reason concerning air pollution may appeal the ruling to the board, which shall hear the appeal at its next regular meeting which shall be open to the public and the board may modify, confirm or reverse the director's decision. Procedures for hearings before the director and the board shall be prescribed in rules and regulations adopted by the board.

(b)

In the conduct of hearings as provided in this section, the director and the board shall have power to subpoena witnesses and records and shall be entitled to judicial process for enforcement of such subpoenas. No person subject to the board's rules and regulations shall be required to disclose any secret formulas, processes or methods used in any manufacturing operation carried on by him or under his direction. The composition of air contaminants shall not be considered secret unless so declared by the board and the board shall have the power to issue protection orders to prevent public dissemination.

(Ord. No. O-90-9-115, § 5, 9-10-90; Ord. No. O-94-7-101, § 3, 8-22-94)