Tenn. Comp. R. & Regs. 1340-03-06-.20 - ADMINISTRATIVE HEARINGS

(1) A manufacturer may request in writing an administrative hearing within ten (10) days of written notification of any suspension, revocation, or denial of certification.

(2) All hearings shall be recorded. A copy of the recording will be provided to the complainant upon receipt of a written request.

(3) Only the Hearing Officer is allowed to ask questions during hearings, and the rules of evidence shall not apply.

(4) The Hearing Officer shall open and preside over each hearing as follows:

(a) Read or permit a member of the Ignition Interlock Program to read the reason for suspension, revocation, or denial of certification;

(b) Permit an attorney to attend and speak and answer questions on behalf of a manufacturer;

(c) Accept documentary proof;

(d) Hear the testimony of witnesses, if any;

(e) Ask questions, if deemed appropriate;

(f) Reconvene the hearing within seven (7) working days for other witnesses unable to attend, if deemed appropriate; and

(g) Conclude the hearing.

(5) At the conclusion of the hearing, the Hearing Officer shall take the matter under advisement and render a written "Hearing Officer's Determination" within fifteen (15) working days of the date of the hearing.

(6) Appeal of the Hearing Officer's Determination:

(a) In the event the manufacturer wishes to appeal the Hearing Officer's Determination, the party shall file a written appeal with the Administrative Support Bureau Lieutenant Colonel within fifteen (15) working days of the date of the Final Hearing Officer's Determination.

(b) The Administrative Support Bureau Lieutenant Colonel, acting as the Commissioner's Designee, shall review the Hearing Officer's Determination.

1. Such review shall be solely on the record compiled by the Hearing Officer, which shall include the recording of the hearing and any documentation submitted during the hearing.

2. The Lieutenant Colonel shall review the record and render a written decision in thirty (30) working days.

3. Such decision shall be the final decision of the Department.

(6) Any party wishing to appeal the Administrative Support Bureau Lieutenant Colonel's decision shall have sixty (60) days from the date of the decision to file a Petition for Review in the Chancery Court of Davidson County, pursuant to T.C.A. § 4-5-322.

Notes

Tenn. Comp. R. & Regs. 1340-03-06-.20

Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.18 but was renumbered 1340-03-06-.20 with the introduction of new rules 1340-03-06-.04 and 1340-03-06-.14 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective 5/19/2020.

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.