(1) Upon written request, on a form
prescribed by the Administrator, by an employee, who has received a
notification of denial of benefits from the Fund, the Administrator or an
Administrator's designee may hold an informal conference with the employee for
the purpose of discussing any issues involving the employee who is denied
benefits from the Fund. If the employee requests an informal conference, an
affected employer or its representative will be afforded an opportunity to
participate. Any party to such conference may be represented by its own
counsel. The request for an informal conference must be received by the Bureau
within thirty (30) days from the date the notice of denial of benefits from the
Fund was sent to the employee.
An employee who receives a notification of denial of benefits from the Fund may
appeal such denial by requesting a contested case hearing in writing within
fifteen (15) calendar days of receipt of the notice of the denial of benefits
from the Fund. The Administrator or an Administrator's designee shall hear the
appeal in accordance with the provisions of the Uniform Administrative
Procedures Act, compiled in Title 4, Chapter 5, and in accordance with Tenn. R.
and Regs. 0800-02-13. At such a contested case hearing, the requesting party
shall have the burden of proving by a preponderance of the evidence that the
Administrator abused his/her discretion in the denial of benefits from the
Tenn. Comp. R. & Regs.
New rule filed
February 2, 2022; effective 5/3/2022.