(1) An Initial
Order issued by an Administrative Judge, sitting alone, may be reviewed by the
Agency pursuant to T.C.A. §§
et seq., these Rules, and the Rules of the Secretary of State Chapter
1360-04-01. Such review shall be limited to legal conclusions contained in the
Initial Order. The Agency may, in its discretion, decline to exercise any
review of an Initial Order issued by an Administrative Judge, in which event
the Initial Order issued by an Administrative Judge shall become a Final Order
as provided by the Administrative Procedures Act.
(2) In such a review proceeding, the Agency's
review is strictly limited to the record which was developed before the
Administrative Judge. No additional evidence is to be received or considered by
(3) Such a review
proceeding is in the nature of appellate review. Each party will be given the
opportunity to file a brief which should specify what action the party
maintains the Agency should take on the Initial Order. The Agency may place
reasonable page limitations on such briefs.
(4) In such a review proceeding, each party
will normally be limited to oral argument of thirty (30) minutes in length,
conclusion of the review proceeding the Agency may decide that the Initial
Order should be adopted in its entirety, or it may make such modifications to
the Initial Order as it deems appropriate.
Alternatively, the Agency may take the matter under advisement, and
subsequently reconvene, after reasonable notice to the parties, to hold its
public deliberations and to render a Final Order.
Tenn. Comp. R. & Regs.
Original rule filed August 31, 2005; effective November 14, 2005.
Emergency rules filed September 28, 2021; effective through
Authority: T.C.A. §§
and 2021 Tenn. Pub. Acts Ch. 557.