Tenn. Comp. R. & Regs. 0800-02-22-.04 - MOTIONS

(1) Any motion seeking to extend any time limit during the pendency of an appeal must be filed prior to the expiration of the applicable time limit. The motion may be decided per curiam or by one appeals board judge. An order will be issued as soon as practicable after the motion is filed. The appeals board cannot extend the time for filing a notice of appeal. If a notice of appeal is not timely filed, the appeals board is without jurisdiction to review the case.

(2) Any motion seeking to extend any time limit during the pendency of an appeal must show good cause in support of the motion sufficient to establish exceptional circumstances. The existence of good cause and/or exceptional circumstances shall be determined in the discretion of the appeals board.

(3) With the exception of the filing of a notice of appeal, the appeals board may extend deadlines during the appeals process upon motion filed by a party or its own motion as provided in Tennessee Code Annotated section 50-6-217.

(4) Any motion other than for an extension of time shall include a clear, concise statement of the relief sought and citation(s) to any controlling or persuasive authority supporting the motion. Any other party shall have five (5) business days to file a response, if any, to such motion.

Notes

Tenn. Comp. R. & Regs. 0800-02-22-.04

Original rule filed June 22, 2015; effective September 20, 2015. Amendments filed November 7, 2017; effective February 5, 2018. Amendments filed July 14, 2020; effective October 12, 2020. Amendments filed September 22, 2023; effective 12/21/2023.

Authority: T.C.A. §§ 4-3-1409, 50-6-217, 50-6-225, 50-6-233, and 50-6-237.