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BARRETT v. TENNESSEE OCCUPATIONAL SAFETY & HEALTH REVIEW COMM'N

No. M2006-02338-SC-R11-CV.

284 S.W.3d 784 (2009)

Frank BARRETT d/b/a Barrett Construction Company v. TENNESSEE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.

Supreme Court of Tennessee, at Nashville.

May 5, 2009.

Attorney(s) appearing for the Case

John E. Herbison, Nashville, Tennessee, for the appellant, Frank Barrett d/b/a Barrett Construction Company.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Warren A. Jasper, Assistant Attorney General, for the appellee, Tennessee Occupational Safety and Health Review Commission.

OPINION

JANICE M. HOLDER, C.J., delivered the opinion of the court, in which CORNELIA A. CLARK, GARY R. WADE, and WILLIAM C. KOCH, JR., JJ., and E. RILEY ANDERSON, SP.J., joined.

This case presents a constitutional question of first impression: whether monetary penalties assessed by an administrative agency are subject to the fifty-dollar limitation of article VI, section 14 of the Constitution of the State of Tennessee. For the reasons discussed below,...

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