Section 1200-13-19-.20 - RECONSIDERATION(1) Written notice of the right to petition for stay, reconsideration, or appeal must accompany the Initial Order sent to the parties.(2) If a separate Final Order is entered following the entry of an Initial Order, written notice of the right to petition for reconsideration of the Final Order will accompany the Final Order sent to the parties.(3) A petition for reconsideration stating in detail the reasons for the request and the relief requested may be addressed to the Administrative Judge and filed with the Clerk's Office by any party within fifteen (15) days after entry of an Initial Order or Final Order.(4) If an Initial Order is subject to both a timely petition for reconsideration and a petition for appeal, the petition for reconsideration will be disposed of first and a new fifteen (15) day period will start to run.(5) Filing a petition for reconsideration of the Final Order does not supersede or delay the effective date of the Final Order. The Final Order takes effect on the date entered by the Agency and continues in effect until the petition for reconsideration is granted or until the Final Order is stayed, superseded, modified, or set aside in a manner provided by law. If a change affecting benefits or services occurs while reconsideration is pending, action to implement that change is not delayed pending the decision concerning reconsideration of the Final Order.(6) Within twenty (20) days of receiving a petition for reconsideration of the Initial or Final Order, the Administrative Judge who entered the Initial or Final Order will enter a written order as set out at T.C.A. § 4-5-317: (a) Denying the petition;(b) Granting the petition and setting the matter for further proceedings; or(c) Granting the petition and issuing a new Initial or Final Order.(d) If no action is taken on the petition for reconsideration within twenty (20) days, the petition is deemed to be denied.(7) An order granting a petition for reconsideration and setting the matter for further proceedings will contain: (a) A statement of the extent and scope of the proceedings;(b) A statement limiting the proceedings to argument upon the existing record; and(c) State that no new evidence will be introduced, unless the party proposing new evidence shows good cause for his failure to introduce the evidence in the original proceeding.Tenn. Comp. R. & Regs. 1200-13-19-.20
Adopted effective May 6, 2015.Authority: T.C.A. §§ 4-5-208, 71-5-105 and 71-5-112; 42 U.S.C. §§ 1396 a(a)(3), (5), (8); 42 C.F.R. 431 Subpart E and 42 C.F.R. § 435.912.