Tenn. Comp. R. & Regs. 0400-60-01-.09 - DECISION AND ORDER

(1) The Office of Energy Programs shall make a decision granting or denying the application for an assignment in whole or part upon consideration of the application and any other relevant information received or obtained during the application process.

(2) The Office of Energy Programs will make a decision on all applications within fifteen (15) days of filing, to the extent administratively feasible. If no order authorizing an assignment has been issued within said period, the application shall be deemed to have been denied in all respects.

(3) The Office of Energy Programs shall issue a written order authorizing the assignment and serve it on the prime supplier from whose set-aside the assigned product is to be drawn. An order is effective upon issuance and must be presented within ten (10) days unless stayed, modified, suspended, or rescinded. The order represents a call on the prime supplier's set-aside volume for the month of issuance, even if delivery of the product cannot be made until the following month.

(4) By means of a written notice the Office of Energy Programs may temporarily suspend the running of the fifteen (15) day period if it finds that additional information is necessary or that the application was improperly filed. The temporary suspension shall remain in effect until the Office of Energy Programs serves notice upon the firm that the additional information has been received. Unless otherwise provided in writing by the Office of Energy Programs, the fifteen (15) day period shall resume running on the first working day following the day on which the notice was served.

(5) If the Office of Energy Programs determines that there is insufficient information upon which to base a decision and requested additional information is not submitted, the application will be denied.

(6) At any time during the month the Office of Energy Programs may order the release of part or all of the prime supplier's set-aside volume through the prime supplier's normal distribution system in the state. The Office of Energy Programs shall serve a copy of such an order upon the prime supplier.

(7) In all cases the Office of Energy Programs will attempt to work within existing supplier-purchaser relationships to the maximum extent possible.

Notes

Tenn. Comp. R. & Regs. 0400-60-01-.09

Original rules filed January 17, 2017; effective 4/17/2017. Rule renumbered from 0500-03-01.

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam's Executive Order Number 25.