Section 0400-40-12-.05 - MEETINGS, APPEALS, AND HEARINGS(1) An appeal or request for hearing of any stop work order issued by the Commissioner of the Department of Environment and Conservation shall be made to the Board of Water Quality, Oil and Gas in writing by the operator and filed with the Commissioner of the Department of Environment and Conservation within thirty (30) days of receipt of notice of the Stop Work Order.(2) If an appeal or hearing is requested, the operator shall also be afforded the opportunity to meet with the Commissioner of the Department of Environment and Conservation or, at the Commissioner's option, meet with the Deputy or Assistant Commissioner, within three (3) working days after the hearing request is filed, to discuss the alleged violation and show cause why a stop work order should not have been issued. Such a meeting shall be an informal event in the nature of a settlement discussion and shall not be a contested case within the meaning of the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101 et seq.(3) If, as a result of such a meeting, the Commissioner, or if the meeting was with the Deputy or Assistant Commissioner, such deputy or assistant commissioner decides to make any modification or revocation of the stop work order, it shall be accomplished in writing after consultation with the Commissioner of the Department of Agriculture. Both the Stop Work Order and any document modifying or revoking it shall be public records.(4) If the Commissioner, or if such meeting was held with the Deputy or Assistant Commissioner, such deputy or assistant commissioner upholds the stop work order, it shall remain in effect until resolution of the appeal or the operator comes into compliance.(5) If no request for hearing is made within thirty (30) days of receipt of the Stop Work Order, the stop work order becomes final and not subject to review. The Commissioner may seek injunctive relief in a court of competent jurisdiction, if necessary, to enforce any final order.(6) If an operator who files a request for a hearing before the Board of Water Quality, Oil and Gas either does not seek the informal meeting described in paragraphs (2) through (4) of this rule, or is not satisfied with the result of such a meeting, the matter shall be resolved through the process for contested case hearings before the Board under the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301 et seq.Tenn. Comp. R. & Regs. 0400-40-12-.05
Original rule filed September 18, 2013; effective December 17, 2013. Rule renumbered from 1200-04-12.Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.