Initial Agency Decision

(1) If an Employer, Employee, or other person or entity subject to the Workers’ Compensation Law or Bureau Rules fails to timely respond to a certified letter or other appropriate notification or fails to demonstrate to the satisfaction of the Administrator or Administrator’s Designee that a civil monetary penalty is not warranted, the Administrator or Administrator’s Designee shall issue an initial Agency Decision assessing civil monetary penalties. Failure to retrieve certified mail after attempted delivery is deemed to be delivery of the certified mail. (2) The initial Agency Decision shall notify the Employer, Employee, or other person or entity subject to penalties under the Workers’ Compensation Law or Bureau Rules of the right to request a contested case hearing. (3) If an Employer, Employee, or other person or entity subject to penalties under the Workers’ Compensation Law or Bureau Rules fails to timely request a contested case hearing, the initial Agency Decision shall be deemed a Final Agency Decision, and the Administrator or PROCEDURES FOR PENALTY ASSESSMENTS AND HEARING CHAPTER 0800-02-13 CONTESTED CASES Administrator’s Designee may take additional steps to collect the civil monetary penalty or may refer the penalties for collection to the Tennessee Attorney General. Failure to retrieve certified mail after attempted delivery is deemed to be delivery of the certified mail.