Tenn. Comp. R. & Regs. 0780-02-13-.21 - DISPUTE RESOLUTION

(1) Disputes that arise during the process by which the Department reviews whether a modular building unit or component has been manufactured and inspected in accordance with the Tennessee Modular Building Act shall be resolved as follows:

(a) When a dispute arises between the owner, design review agency, construction inspection agency, manufacturer, installer, or contractor on a project and the Department as to the interpretation or applicability of a provision of the adopted codes and standards, the dispute shall be submitted to the Director for resolution.

(b) If the disputing party disagrees with the decision of the Director, the dispute shall be submitted to the Director's supervisor within the Division for resolution.

(c) If the disputing party disagrees with the decision of the Director's supervisor within the Division, the dispute shall be submitted to the Commissioner of Commerce and Insurance, or designee, for resolution.

(d) At any point during this process, the parties may agree to submit the dispute to the publisher of the applicable codes and standards for a written opinion.

(2) The entire dispute resolution process set forth in paragraph (1) above shall be completed as quickly as possible, but no more than thirty (30) calendar days from the date that the dispute is first submitted for resolution, unless the dispute is submitted to the publisher of the codes and standards for an opinion or an extension is granted at the Commissioner's discretion.

(3) If there are any fees charged by the publisher for rendering a written opinion, those fees shall be paid by the disputing party before an acknowledgement from the Department recognizing compliance with the Tennessee Modular Building Act is issued.

Notes

Tenn. Comp. R. & Regs. 0780-02-13-.21

New rule filed March 31, 2021; effective 6/29/2021.

Authority: T.C.A. §§ 68-102-113, 68-126-302, and 68-126-305.