Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-05 - Administrative Procedures Division
Chapter 1240-05-09 - Reconsideration and Appeal of Orders
Section 1240-05-09-.04 - RECONSIDERATION OF INITIAL/FINAL ORDER

Universal Citation: TN Comp Rules and Regs 1240-05-09-.04

Current through September 24, 2024

(1) Within twenty (20) days of receiving the Petition for Reconsideration of the Initial or Final Order, the hearing official or the Commissioner or his/her designated representative, who rendered the Initial or Final Order, which is the subject of the Petition for Reconsideration, shall enter a written order either:

(a) Denying the petition, as provided in T.C.A. § 4-5-317(c);

(b) Granting the petition and setting the matter for further proceedings, as provided in T.C.A. § 4-5-317(c); or

(c) Granting the petition and issuing a new Initial or Final Order, as provided in T.C.A. § 4-5-317(c).

(d) If no action has been taken on the Petition for Reconsideration within twenty (20) days, the petition shall be deemed to have been denied at the expiration of the twenty (20) day period, as provided in T.C.A. § 4-5-317(c).

(2) As provided in T.C.A. § 4-5-317(d), 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; and no new evidence shall be introduced, unless the party proposing such evidence shows good cause for his/her failure to introduce the evidence in the original proceeding.

Authority: T.C.A. §§ 4-5-202, 4-5-317, 71-1-105(12) and 71-1-111.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.