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modified, suspended, or rescinded.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