(1) In any case where the Technical Secretary
or the Department denies a permit application, this denial is appealable to the
Board if a petition of appeal is received by the Technical Secretary within
thirty (30) days of receipt of the denial letter by the owner or
(2) The letter of denial
of the application shall include the basis for denial and notify the party of
their right to appeal and of the right to legal counsel.
(3) The reasons the petitioner feels the
permit should have been granted must be filed as part of the petition.
Additionally a party may request prehearing discovery, as provided in T.C.A.
4-5-306, by filing and detailing
the request with the petition.
Within thirty (30) days of receipt of the petition for appeal of a permit
denial, the Technical Secretary shall notify the petitioner of the time and
place for the hearing.
case where a condition is placed on a permit, the imposition of that permit
condition may be appealed by filing a petition for reconsideration of the
permit conditions. The petition for reconsideration of permit conditions shall
specify which conditions and portions of conditions are objected to and
specifying in detail the objections. The petition of appeal must be delivered
to the Technical Secretary within thirty (30) days after the mailing date of
If the Technical Secretary is considering denying the
petition he shall schedule a conference with the petitioner to discuss the
matters under appeal within forty-five (45) days of receipt of the petition. If
the Technical Secretary's resultant decision on the matter under appeal
aggrieves the petitioner, the petitioner may request a hearing pursuant to
T.C.A. § 68-25-108.
(6) All applicable provisions of T.C.A.
4-5-301 et seq., on contested cases
shall apply to the hearing before the Board on such appeals.
(7) The denial of a permit application by the
Technical Secretary stands, unless the majority of a quorum of the Board votes
to overturn the denial after the hearing.
(8) A permit condition specified by the
Technical Secretary after the hearing provided for in paragraph (5) stands
unless on appeal the Board votes to modify or delete the condition by a
majority of a quorum of the Board.
Tenn. Comp. R. &
Original rule filed
October 1, 1979; effective November 16, 1979. Amendment filed May 17, 1990;
effective July 1, 1990. Administrative History has been edited to delete a
November 6, 1988 Amendment. No evidence of this filing exists, and this is an
editorial mistake by the Secretary of State. June 30,
Authority: T.C.A. §§ 68-25-105 and
4-5-202 et. seq.