Section 1220-01-03-.02 - APPLICATION(1) The Authority may use an administrative dispute resolution procedure for the resolution of all or part of the issues in any contested case provided all parties agree to such procedure.(2) The limitations on the uses of administrative dispute resolution procedures do not apply to settlements of issues pursuant to a pre-hearing conference or during the course of the hearing of a contested case. The procedures utilized in this chapter supplement, rather than limit, other available dispute resolution methods.(3) Even though the parties agree to the use of administrative dispute resolution procedures, the Authority may refuse to follow such procedures and proceed under contested case procedures if the Authority determines that such use would be contrary to the public interest or the statutory policies governing the Authority. In making that determination, the Authority shall consider whether:(a) a definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent;(b) the matter involves, or may bear upon, significant issues of policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the Authority:(c) the maintenance of established policies is of special importance, so that variations among individual decisions are not increased, and such a proceeding would not likely reach consistent results among individual decisions;(d) the matter significantly affects persons or organizations who are not parties to the proceeding;(e) a full public record of the proceeding is important, and an administrative dispute resolution procedure cannot provide such a record; and(f) the Authority shall maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and an administrative dispute resolution procedure would interfere with the Authority's fulfillment of such requirement.Tenn. Comp. R. & Regs. 1220-01-03-.02
Original rule filed June 30, 2000; effective September 13, 2000.Authority: Tennessee Code Annotated, §§ 4-5-105, 65-2-108 and 65-2-102.