Rules & Regulations of the State of Tennessee
Title 0780 - Commerce and Insurance
Subtitle 0780-01 - Insurance Division
Chapter 0780-01-82 - Rating Appeals Before the Commissioner
Section 0780-01-82-.08 - PROCEDURE FOR APPEALS

Universal Citation: TN Comp Rules and Regs 0780-01-82-.08

Current through September 24, 2024

(1) All hearings conducted pursuant to this Chapter shall be held in conformity with the Uniform Administrative Procedures Act provisions for contested cases and the Rules of Procedure for Contested Cases of the Rules of the Secretary of State as compiled at Chapter 1360-4-1.

(2) All appeals heard under this Chapter shall be heard by the commissioner in the presence of an administrative judge appointed by the Administrative Procedures Division.

(3) The Division may intervene in any appeal brought under this Chapter:

(a) If in the Division's opinion, the appeal involves issues or the outcome of the appeal could directly or indirectly affect the regulatory responsibilities of the Division;

(b) The Division believes that the commissioner should consider imposing the sanctions authorized under T.C.A. §56-5-309(c), in which case the Division shall give notice of the proposed imposition of sanctions through its notice of intervention; or

(c) For other good cause.

(4) At the end of the hearing, the commissioner may:

(a) Make a ruling and may order one or more of the parties to submit a draft order for consideration. Any such ruling shall either assess one of the parties the costs of the appeal, or request argument from the parties as to the issue as to which party should be assessed such costs; or

(b) Order one or more party to submit proposed Findings of Fact and Conclusions of Law for consideration by the commissioner. All such proposed Findings of Fact and Conclusions of Law shall address the issue of which party should be assessed the costs of the appeal.

Authority: T.C.A. §§ 4-5-301 et seq., 4-5-219, and 56-5-309(b), (c), and (d).

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