Rules & Regulations of the State of Tennessee
Title 0465 - Intellectual and Developmental Disabilities
Subtitle 0465-03 - Office of Administrative Appeals
Section 0465-03-.19 - RECONSIDERATION OF INITIAL OR FINAL ORDER

(1) Any party, within fifteen (15) calendar days after entry of an Initial or Final Order may file a petition for reconsideration, stating the specific grounds upon which relief is requested. A petition for reconsideration of an Initial Order shall be filed with the APD. A petition for reconsideration of a Final Order shall be filed with the OAA.

(2) The petition for reconsideration shall be disposed of by the same person who rendered the Initial or Final Order, if he or she is available.

(3) The person who rendered the Initial or Final Order that is the subject of the petition shall, within twenty (20) calendar days of receiving the petition, enter a written order either denying the petition, granting the petition and setting the matter for further proceedings, or granting the petition and issuing a new order in accordance with T.C.A. § 4-5-314.

(4) If no action has been taken on the petition within twenty (20) calendar days of filing, the petition shall be deemed to have been denied.

(5) An order granting the petition and setting the matter for further proceedings shall state the extent and scope of the proceedings, which shall be limited to argument upon the existing record. No new evidence shall be introduced unless the party proposing such evidence shows good cause for the failure to introduce the evidence in the original proceeding.

(6) The sixty (60) calendar day period for a party to file a petition for judicial review of a Final Order pursuant to T.C.A. § 4-5-322 shall be tolled if a petition for reconsideration is granted, and a new sixty (60) calendar day period shall begin to run upon disposition of the petition for reconsideration by issuance of a Final Order by the Commissioner's Designee.