Section 1340-02-02-.21 - THE APPEALS DIVISION(1) The Appeals Division is designated by the Commissioner to administer contested case matters that involve the Commissioner, including but not limited to, final orders, Interlocutory Appeals, Petitions for Reconsideration of a Commissioner's Order, Petitions for a Stay, Appeals of an Initial Order, and Notices of Review of an Initial Order. The original of all appellate matters must be filed with the Appellate Division, with service to the Legal Division and to the appropriate party.(2) However, any appeals or reconsiderations of an initial order rendered by an administrative judge must be filed within the specified time period with the APD, with a copy certified to the other party. All other appeals must be filed with the Appeals Division with a copy certified to the other party.(3) If transfer of the record from the Legal Division is necessary for the administration of an appellate matter, the Legal Division shall transfer the record upon request by the Appeals Division. The record must be logged out of the Legal Division to the Appeals Division. Upon completion of the appeal, such file shall be returned to the appropriate Legal Division.(4) The Appeals Division may advise the commissioner on appellate matters in accordance with T.C.A. § 4-5-304. By filing a delegation order in a specific case, the commissioner may delegate to the Appeals Division the authority to enter a final administrative order. Any delegation order must be served upon all parties. The commissioner may file a blanket order delegating to the Appeals Division the authority to enter a final administrative order on all settlements per Rule 1340-02-02-.09(1)(b) and administrative forfeitures. Every order entered by the Appeals Division shall recite the authority under which it is entered.Tenn. Comp. R. & Regs. 1340-02-02-.21
Original rule filed December 5, 1994; effective February 18, 1995. Repeal and new rule filed December 10, 2014; effective 3/10/2015.Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-315, 40-33-201, et seq., as amended, and 53-11-201, et seq.