Tenn. Comp. R. & Regs. 1220-01-02-.02 - COMMENCEMENT OF CONTESTED CASES

(1) The Authority may commence a contested case at any time with respect to any matter within its jurisdiction.

(2) The Authority may commence a contested case upon the initial petition of any person, unless:

(a) the Authority lacks jurisdiction of the subject matter;

(b) as a matter of law, no hearing is required for the disposition of the matter;

(c) the relief which the petition seeks is on its face barred as a matter of law;

(d) the initial petition was not submitted in a form substantially complying with any applicable provisions of law; or

(e) the initial petition was not accompanied by the appropriate fees.

(3) If an initial petition does not expressly request the commencement of a contested case, an initial petition shall be deemed to include such a request to the Authority to conduct an appropriate contested case, provided the proceeding is warranted by law and meets the statutory criteria.

(4) A tariff filing does not constitute a contested case; however, any interested person may object to the tariff filing by filing a complaint. Any such complaint shall state the nature of the interest, the grounds for any such objection and the relief sought. A copy of the complaint shall be served on the company filing the tariff. The company filing the tariff shall have the right to respond to such complaint. It shall be within the discretion of the Authority to convene a contested case. A complaint opposing the tariff shall be filed no later than seven (7) days prior to the Authority Conference immediately preceding the proposed effective date of the tariff.

(5) If the Authority determines, on its own motion, not to convene a contested case in response to a complaint or initial petition, the Authority shall enter an order dismissing the complaint or petition and state the basis of the Authority's action.

Notes

Tenn. Comp. R. & Regs. 1220-01-02-.02

Original rule filed June 30, 2000; effective September 13, 2000.

Authority: T.C.A. §§ 4-5-102 and 65-2-102.