Current through December 10, 2024
Section 1200-38-01-.08 - HEARING AND APPEALS(1) Applicant or Certificate Holder. Any Applicant or Certificate Holder aggrieved by a decision of the Department denying an Application, refusing to act on an Application or terminating a Certificate is entitled to judicial review of the Department's decision by the chancery court of Davidson County, as specified in T.C.A.68-11-1303.(2) Intervenor. An Intervenor aggrieved by a decision of the Department to grant or deny the Application shall have the right to appeal the Department's decision, except that there shall be no stay of the Department's decision granting an Application unless the chancery court of Davidson County shall have issued a stay of the Department's decision in accordance with § 68-11-1304, which shall be accompanied by an appeal bond from the Intervenor. If the Intervenor shall appeal the Department's decision and the appeal is unsuccessful, the Intervenor shall be responsible for the costs of the appeal and attorneys' fees of the Applicants.Tenn. Comp. R. & Regs. 1200-38-01-.08
Emergency rule filed July 14, 2015; effective through January 10, 2016. New rule filed October 6, 2015; effective 1/4/2016.Authority: T.C.A. § 68-11-1303.