An Initial Order issued by an Administrative Judge, sitting alone, may be
reviewed by the Agency pursuant to T.C.A §§ 4-5-301, 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.
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 the Agency.
(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
(4) In such a review
proceeding, each party will normally be limited to oral argument of thirty (30)
minutes in length, including rebuttal.
At the 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
(a) 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. 0720-13-.03
Original rule filed August 31, 2005; effective
November 14, 2005. Emergency rules filed September 28, 2021; effective through
March 27, 2022. Amendments filed December 27, 2021; effective
Authority: T.C.A. §§ 4-5-202, 4-5-223, 4-5-310,
4-5-314, 68-11-1605, and 68-11-1610; and 2021 Tenn. Pub. Acts Ch. 557.