Tenn. Comp. R. & Regs. 0720-13-.03 - AGENCY REVIEW OF INITIAL ORDERS

(1) 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.

(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 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 briefs.

(4) In such a review proceeding, each party will normally be limited to oral argument of thirty (30) minutes in length, including rebuttal.

(5) 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 deems appropriate.

(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.

Notes

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 3/27/2022.

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.