Section 0465-03-.17 - AGENCY RECORD(1) The department's official record of each appeal shall be maintained for not less than five (5) years from the date a decision letter is issued in a file review, an Initial Order becomes a Final Order, or a Final Order is issued, whichever is later.(2) The record shall include paper or electronic copies of:(a) All documents submitted by the appellant in a file review;(b) Correspondence between the reviewing official and the parties, including the decision letter issued upon completion of a file review;(c) All pleadings, orders, transcribed testimony, recordings, or other record of oral proceedings, and correspondence filed, issued, or generated in a contested case proceeding; and(d) All pleadings, orders, and correspondence filed, issued, or generated in a proceeding before the Commissioner's Designee.(3) Except to the extent otherwise provided by law, the agency record, including the record of oral proceedings, shall constitute the exclusive basis for agency action in contested cases, departmental review, and judicial review thereof.Tenn. Comp. R. & Regs. 0465-03-.17
Original rule filed August 6, 2018; effective 11/4/2018.Authority: T.C.A. §§ 4-3-103; 4-3-2708; 4-5-101, et seq.; 10-7-501, et seq.; 33-1-302; 33-1-303; 33-1-305; and 33-1-309.