Section 1240-05-09-.04 - RECONSIDERATION OF INITIAL/FINAL ORDER(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.Tenn. Comp. R. & Regs. 1240-05-09-.04
Original rule filed January 19, 1977; effective February 18, 1977. Amendment filed December 17, 1982; effective March 16, 1983. Amendment filed February 26, 2007; effective May 12, 2007.Authority: T.C.A. §§ 4-5-202, 4-5-317, 71-1-105(12) and 71-1-111.