Section 1340-01-05-.04 - APPEALS(1) Denial Based on Documentation (a) An applicant who is denied an SPEI Certificate following submission of the documents required in 1340-01-05-.03(1), but prior to the administration of an SPE Evaluation skills test, may request an appeal of the denial.(b) The appeal must be sent in writing to the Director and must include any documents and any other information the applicant has to show that the decision of the Director was in error. 1. The appeal documents must be sent to the address on the appeal form provided by the Department and posted on the Department's website.2. An appeal request must be received by the Director no later than forty-five (45) days after the date on the letter denying the SPEI Certificate.(c) The Commissioner or the Commissioner's designee must review the documentation from the applicant and the CDL division and either uphold or overturn the denial within thirty (30) days of receipt of the appeal.1. If the denial is upheld, the person may either reapply for an SPEI Certificate after thirty (30) days of the date of the decision or the person may appeal to Chancery Court under Tenn. Code Ann. § 4-5-322 within sixty (60) days of the date of the decision.2. If the denial is reversed, the person will need to schedule an SPE Evaluation with the Department.(2) Denial Based on Failure of the SPE Evaluation (a) An applicant who has failed to satisfactorily complete the SPE Evaluation skills test may, within thirty (30) days, reschedule for another test. The second test does not need to be taken within the thirty (30) days.(b) An applicant who has failed to satisfactorily complete the SPE Evaluation skills test after a second test, or who failed to satisfactorily complete the SPE Evaluation skills test a first time and did not schedule a second test as provided for in subsection (2)(a), will be required to resubmit a new application with documentation showing the issue causing the failure has been addressed, which may include, but is not limited to, documentation of further training.Tenn. Comp. R. & Regs. 1340-01-05-.04
New rules filed October 24, 2022; effective 1/22/2023.Authority: T.C.A. §§ 4-3-2009, 55-50-202, and 55-50-410.