Section 1200-38-01-.05 - ISSUANCE AND MAINTENANCE OF COPA(1) After consultation with and agreement from the Attorney General, the Department shall issue a Certificate for a Cooperative Agreement if it determines the Applicants have demonstrated by clear and convincing evidence that the likely benefits resulting from the Cooperative Agreement outweigh any disadvantages attributable to a reduction in competition that may result from the Cooperative Agreement.(2) The Department shall grant or deny the Application within one hundred twenty (120) days of the date of filing of the Application. An Application shall not be deemed filed until the Application is complete. The Department shall act promptly to determine whether the Application is complete and may request additional documents or information from the Applicants necessary to make the Application complete. The Department's decision as to whether the Application should be granted or denied shall be in writing and set forth the basis for the decision. The Department shall furnish a copy of the decision to the Applicants, the Attorney General and any Intervenor. Prior to granting the COPA, the parties and Department will agree upon terms of certification and specific conditions that assure Public Advantage.(3) The Department shall maintain on file all effective COPAs.Tenn. Comp. R. & Regs. 1200-38-01-.05
Emergency rule filed July 14, 2015; effective through January 10, 2016. New rule filed October 6, 2015; effective 1/4/2016.Authority: T.C.A. § 68-11-1301 and 68-11-1303.