Commission Review Of Initial Orders

(1) An Initial Order issued by an Administrative Judge, sitting alone, may be reviewed by the Commission pursuant to T.C.A §§ 4-5-301, et seq., these Rules, and the Rules of the Secretary of State Chapter 1360-04-01. Such review shall be limited to legal conclusions contained in the Initial Order. The Commission may, in its discretion, decline to exercise any review of an Initial Order issued by an Administrative Judge, in which event the Initial Order issued by an Administrative Judge shall become a Final Order as provided by the Administrative Procedures Act. (2) In such a review proceeding, the Commission’s review is strictly limited to the record which was developed before the Administrative Judge. No additional evidence is to be received or considered by the Commission. (3) Such a review proceeding is in the nature of appellate review. Each party will be given the opportunity to file a brief which should specify what action the party maintains the Commission should take on the Initial Order. The Commission may place reasonable page limitations on such briefs. (4) In such a review proceeding, each party will normally be limited to oral argument of thirty (30) minutes in length, including rebuttal. (5) At the conclusion of the review proceeding the Commission may decide that the Initial Order should be adopted in its entirety, or it may make such modifications to the Initial Order as it deems appropriate. (a) Alternatively, the Commission may take the matter under advisement, and subsequently reconvene, after reasonable notice to the parties, to hold its public deliberations and to render a Final Order.