ABSTRACT of appeal petition to end “universal mandatory auto insurance” program in Tennessee operating since 2007. I argue I have right to sue commissioners of revenue and safety for fraud under color of the Tennessee financial responsibility law of 1977. Their program to ban poor people from the road cannot be dismissed merely because we have administrative departments and the uniform administrative procedures act.
Summary of Tulis case
The certification requirement limits TFRL’s scope
A. “Motor vehicle liability policy” is defined as “certified” (§ 55-12-102(7))
B. Certification is required of policies sold to drivers on conditional privilege (§§ 55-12-114, -120)
C. EIVS monitors all registrants, exceeding its limited authority
D. Revenue’s program operates ultra vires to statutory authority, with no safety supervision
Revenue lacks hearing authority for TFRL contested case
A. TFRL assigns hearings to safety (§§ 55-12-103, -104)
B. Revenue’s § 67-1-105 tax law authority contains exception clauses
C. Hearing officer lacks subject matter jurisdiction
No adequate administrative remedy exists
A. Appellant has no standing to petition safety for a hearing
B. Revenue hearing is void
C. Exhaustion of remedies doesn’t apply to void proceedings
D. Constitutional right to be heard requires judicial intervention
Sovereign immunity doesn’t bar challenge to ultra vires program
A. Colonial Pipeline case: Immunity doesn’t protect ultra vires acts
B. Appellant challenges officials’ authority, not statute’s validity
C. Prospective equitable relief available
D. Due process requires meaningful hearing
