Section 0780-01-82-.10 - FINAL ORDER(1) The commissioner shall issue an order within sixty (60) days of the date of the receipt of the transcript of the hearing or the receipt of any proposed Findings of Fact and Conclusions of Law, whichever is later. The commissioner may have additional time to render a Final Order upon waiver, consent of the parties to such extended period, or for good cause shown in accordance with T.C.A. § 4-5-314(g).(2) Orders issued under Paragraph (1) of this Rule:(a) Shall contain Findings of Fact based exclusively upon the evidence of record in the adjudicative proceeding and on matters officially noticed in that proceeding;(b) May utilize the commissioner's experience, technical competence and specialized knowledge in the evaluation of evidence(c) Shall contain Conclusions of Law as to whether there was a proper application of the insurer's or rate service organization's rating system to the appellant's insurance coverage;(d) Shall order the payment of any unpaid premiums owed by the insured to the insurer as a result of the proper application of the insurer's or rate service organization's rating system to the appellant's insurance coverage;(e) Shall order the return or crediting of premiums paid by a insured that were not lawfully owed due to the improper application of the insurer's or rate service organization's rating system to the appellant's insurance coverage;(f) Shall specify the amount of time the insured has to make payment;(g) Shall assign the costs of the appeal, in the commissioner's discretion, to the non-prevailing party;(h) Shall order that an insurer is not entitled to premiums invoiced or billed to the insured due to the incorrect application of the insurer's or rate service organization's rating system to the appellant's insurance coverage; and(i) May impose civil penalties of up to ten thousand dollars ($10,000) per occurrence upon a finding that a workers' compensation insurer, without any lawful basis, has assessed an employer premium:1. For individuals who are not employees; or2. On the basis of improper classification of employees.3. In determining whether to impose a civil penalty, under T.C.A. §56-5-309(c), the Commissioner may take into account the facts and circumstances of the particular appeal under review, including whether the action by the insurer was in good faith based on the information available to it at the time the action was taken.4. Any penalties assessed under this Chapter shall be made payable to the Department.(3) Any order issued under this Rule shall be considered a Final Order of the Department.(4) All orders issued under this Rule shall be sent by the commissioner to each party. The commissioner shall also cause to be published on the Division's web-site all final non-appealable orders issued under this Rule for at least ten (10) years from the date of entry.Tenn. Comp. R. & Regs. 0780-01-82-.10
Original rule filed December 11, 2007; effective February 24, 2008.Authority: T.C.A. §§ 4-5-314 and 56-5-309(b), (c) and (d).