Tenn. Comp. R. & Regs. 1360-04-01-.18 - PETITIONS FOR RECONSIDERATION AND STAYS TO MULTI-MEMBER AGENCIES

(1) Petitions for Reconsideration

(a) Any petition for reconsideration to a multi-member agency must include the specific grounds upon which relief is requested and, if the petitioner seeks to present new evidence, a statement of the cause for the failure to introduce the proposed new evidence in the original proceeding and a detailed description of any such new evidence proposed to be introduced, including copies of documents sought to be introduced, identities of proposed witnesses, and summaries of any testimony sought to be presented. However, documents that are unavailable to the person seeking reconsideration at the time of filing the petition may be described in as much detail as is possible and may be provided at a later time, should reconsideration be granted, but not later than three (3) working days prior to any reconsideration hearing.

(b) A multi-member agency may authorize the chair or any other of its members to grant or deny petitions for reconsideration of final orders under T.C.A. § 4-5-317, to the following extent:

1. Any such petition must be granted within the 20-day time period set at § 4-5-317(c) or it shall be deemed denied;

2. If a petition is granted by such an authorized member, such member shall set the matter for hearing at the agency's earliest convenience and notify the parties by written order of the decision to grant the petition;

3. The order shall state that, at the hearing to reconsider, the parties shall be allowed to make oral argument on the merits of the petition, the party seeking reconsideration may be allowed to present new evidence only if the party shows to the statisfaction of the agency that good cause existed for the failure to introduce the new evidence in the original hearing, and the opposing party shall be allowed to present rebuttal proof if the party seeking reconsideration is allowed to present new evidence; and

4. Any new evidence allowed to be introduced by the party seeking reconsideration shall be limited to that described in the petition for reconsideration as required in subparagraph (1)(a) of this rule.

(2) Petitions for Stays - Any member of a multi-member agency may in his or her discretion schedule a hearing on a petition for a stay under T.C.A. § 4-5-316 by gathering a quorum of the agency; such hearing may be conducted by telephone conference call under the requirements of T.C.A. § 4-5-312.

Notes

Tenn. Comp. R. & Regs. 1360-04-01-.18

Original rule filed November 22, 1978; effective January 8, 1979. Amendment filed May 23, 1984; effective June 22, 1984. Repeal and new rule filed November 25, 1986; effective January 9, 1987. Amendment filed May 31, 1990; effective July 15, 1990.

Authority: T.C.A. §§ 4-5-219, 4-5-312, 4-5-316, and 4-5-317.