Tenn. Comp. R. & Regs. 0600-01-.12 - REVIEW OF INITIAL ORDER

(1) The Commission may review initial decisions and orders of the administrative judges on its own motion or on appeal of any party. Unless a party has timely appealed or the Commission has acted to review the initial decision and order on its own motion within the time provided for appeal, the initial decision and order will become a final order of the Commission. Final orders of the Commission will serve as the basis of a final certificate of assessments unless further reviewed by the Board.

(2) An appeal of an initial order entered by an administrative judge to the Commission shall be filed with the Executive Secretary. The appeal need not be in any particular form, but must:

(a) Be filed within the period of time allowed under T.C.A. § 67-5-1501(3);

(b) Identify the allegedly erroneous finding(s) of fact and/or conclusion(s) of law in the initial order; and

(c) Identify how the rights of the petitioner have allegedly been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

1. In violation of constitutional or statutory provisions;

2. Made upon unlawful procedure;

3. Arbitrary and capricious or characterized by abuse of discretion; or

4. Unsupported by evidence that is both substantial and material in light of the entire record.

(d) In determining the substantiality of evidence, the Commission shall take into account whatever in the record fairly detracts from its weight, but shall not substitute its judgment for that of the hearing examiner as to the weight of the evidence on questions of fact.

(3) The Executive Secretary or his/her designee shall acknowledge receipt in writing of any appeal under this rule.

Notes

Tenn. Comp. R. & Regs. 0600-01-.12

Original rule certified June 7, 1974. Repeal filed and effective July 1, 1984. New rule filed June 30, 2000; effective September 12, 2000. Amendments filed February 21, 2018; effective 5/22/2018.

Authority: T.C.A. §§ 67-1-305 and 67-5-1506.