Section 1340-02-02-.22 - PETITIONS FOR RECONSIDERATION OR A STAY(1) Petitions for Reconsideration. (a) Any party may file a petition for reconsideration within fifteen (15) days after entry of an initial or final order. The filing of a petition is not a prerequisite for seeking administrative or judicial review.(b) A petition for reconsideration shall be disposed of by the same person who rendered the initial or final order, if available.(c) Any petition for reconsideration shall include the specific grounds upon which relief is requested. It shall be accompanied by a memorandum applying law to facts and stating why the petition should be granted. Failure to submit such a memorandum will result in the striking of a petition.(d) If a party seeks to present new evidence, the petition shall include a statement showing good cause for the failure to introduce the proposed new evidence in the original proceeding and a detailed description of any such proposed new evidence, including copies of documents, identities and addresses of witnesses, and summaries of testimony. Documents that are unavailable at the time the petition is filed shall be described in as much detail as is possible and shall be provided at a later time, should a hearing be granted, but not later than three (3) working days prior to any hearing on the petition.(e) A petition for reconsideration may be granted or denied pursuant to T.C.A. § 4-5-317, to the following extent: 1. Any such petition not granted within the 20-day time period set at T.C.A. § 4-5-317(c) shall be deemed denied.2. If a petition is granted, then a new order may issue or the matter may be set for further hearing by written order served upon all parties. Such hearing may be conducted electronically per T.C.A. § 4-5-312.3. If a hearing is ordered, the order shall state that: the parties may make oral argument on the merits of the petition, the party seeking reconsideration may present new evidence only if good cause is shown for the failure to introduce the new evidence in the original hearing, and the opposing party may present rebuttal proof if the party seeking reconsideration is allowed to present new evidence.4. Any new evidence introduced by the party seeking reconsideration shall be limited to that described in the petition for reconsideration as required in subparagraph (1)(d) of this rule.(2) Petitions for Stays. (a) A party may submit to the administrative procedures division or the Appeals Division a petition for stay of effectiveness of an initial or final order within seven (7) days after its entry unless otherwise provided by statute or stated in the initial or final order. The Appeals Division may take action on the petition for stay, either before or after the effective date of the initial or final order.(b) A hearing may be scheduled on a petition for a stay. Such hearing may be conducted electronically per T.C.A. § 4-5-312.(c) Automatic Stay. By operation of this rule, an automatic stay shall be in effect for every initial or final order under the Act to prohibit the disposition of the property seized and forfeited, pending the expiration of time for administrative and judicial appeals, unless otherwise provided by a settlement order. The automatic stay does not toll the running of any time limits.(d) If time for a judicial appeal expires, then so does the automatic stay.(e) If a judicial appeal is timely filed by a claimant, then the automatic stay continues until modified by the court.(f) Either the department or the claimant may move either the administrative judge, the commissioner, or the Chancery Court of Davidson County for relief from the automatic stay. Moreover, the department and the claimant may agree to dissolve the automatic stay.(g) Any petition for a stay shall include the specific grounds upon which relief is requested. It shall be accompanied by a memorandum applying law to facts and stating why the petition should be granted. Failure to submit such a memorandum will result in the striking of the petition.Tenn. Comp. R. & Regs. 1340-02-02-.22
Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective 3/10/2015.Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-316, 4-5-317, 40-33-201, et seq., as amended, and 53-11-201, et seq.