Rules & Regulations of the State of Tennessee
Title 0800 - Labor and Workforce Development
Subtitle 0800-01 - Occupational Safety and Health
Chapter 0800-01-02 - Variances from Occupational Safety and Health Standards
Section 0800-01-02-.14 - CONSENT FINDINGS AND RULES OR ORDERS

Universal Citation: TN Comp Rules and Regs 0800-01-02-.14

Current through September 24, 2024

(1) General. At any time before evidence is introduced in any hearing, or during any hearing, a reasonable opportunity may be afforded to permit negotiation by the parties of any agreement containing consent findings and a rule or order disposing of the whole or any part of the proceeding. The allowance of such opportunity and the duration thereof shall be determined by the Commissioner. The Commissioner shall consider the nature of the proceeding, the public interest, the representations of the parties, and the probability of an agreement to dispose of the issues.

(2) Content. Any agreement containing consent findings and a rule or order disposing of a proceeding shall also provide:

(a) The rule or order shall have the same force and effect as if made after a hearing;

(b) That the entire record on which any rule or order may be based shall consist solely of the application and the agreement;

(c) A waiver of any further procedural steps before the Commissioner; and

(d) A waiver of any right to challenge or contest the validity of the findings and of the rules or order made in accordance with the agreement.

(3) Submission. On or before the expiration of the time granted for negotiations, the parties or their counsel may:

(a) Submit the proposed agreement to the Commissioner for his consideration; or

(b) Inform the Commissioner that an agreement cannot be reached.

Authority: T.C.A. §§ 4-3-1411, 50-3-604 and 50-3-605.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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