Section 1120-11-.05 - ATTORNEY FEESThe Board of Appeals may, at its discretion, award reasonable fees and costs upon successful appeal to an employee's attorney in accordance with the following terms and conditions.
(1) Attorney's fees awarded by the Board shall be awarded at the same rates established by Guidelines for the Defense of Individual Employees issued by the State of Tennessee Office of the Attorney General and Reporter.(2) All awards of costs shall be limited to reasonable costs actually incurred. Awards of costs for travel shall be subject to the provisions of the state's comprehensive travel regulations in effect at the time the claim is made.(3) If the Board awards attorney fees, the prevailing attorney shall submit an affidavit detailing the hours of preparation, in hours and tenths of hours, the nature of services performed during such preparation, the hours of hearing time, and a complete itemized statement of costs claimed. Claims shall be submitted via email to DOHR.Step3Appeals@tn.gov, or to the following address: Board of Appeals
c/o Tennessee Department of Human Resources
Seventeenth Floor, William R. Snodgrass Tennessee Tower
312 Rosa L. Parks Boulevard
Nashville, TN 37243
(4) The unsuccessful party may dispute attorney's fees and costs to the Tennessee Department of Human Resources. If the parties are unable to resolve any dispute regarding attorney's fees and costs, the parties may file a motion to the Administrative Procedures Division.(5) In no event shall a claim be paid which is not received by the Board of Appeals within thirty (30) calendar days of the effective date of the final order.(6) A designee for the Board shall review all such claims for compliance with these rules, the applicable guidelines, and the Board's decision. The designee is authorized to approve payment of such claims for any amount up to and including the amount claimed. Upon approval, the designee shall inform the party in writing and the party shall have thirty (30) calendar days in order to pay such attorney's fees/costs.Tenn. Comp. R. & Regs. 1120-11-.05
(For history prior to January 2, 1988, see pages 1-2 of the Introduction at the beginning of the chapters.) Repeal and new rule filed November 18, 1987; effective January 2, 1988. Amendment filed August 25, 1994; effective December 29, 1994. Repeal and new rule filed December 14, 2010; effective May 31, 2011. Repeal and new rule filed July 5, 2012; effective October 3, 2012. Amendments filed February 7, 2017; effective May 8, 2017. Amendments filed May 17, 2019; effective August 15, 2019. Amendments filed January 18, 2023; effective 4/18/2023.Authority: T.C.A §§ 8-30-104, 8-30-105, and 8-30-318.