Tenn. Comp. R. & Regs. 0800-02-30-.11 - APPEALS

(1) Upon written request, on a form prescribed by the Administrator, by an employee, who has received a notification of denial of benefits from the Fund, the Administrator or an Administrator's designee may hold an informal conference with the employee for the purpose of discussing any issues involving the employee who is denied benefits from the Fund. If the employee requests an informal conference, an affected employer or its representative will be afforded an opportunity to participate. Any party to such conference may be represented by its own counsel. The request for an informal conference must be received by the Bureau within thirty (30) days from the date the notice of denial of benefits from the Fund was sent to the employee.

(2) An employee who receives a notification of denial of benefits from the Fund may appeal such denial by requesting a contested case hearing in writing within fifteen (15) calendar days of receipt of the notice of the denial of benefits from the Fund. The Administrator or an Administrator's designee shall hear the appeal in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in Title 4, Chapter 5, and in accordance with Tenn. R. and Regs. 0800-02-13. At such a contested case hearing, the requesting party shall have the burden of proving by a preponderance of the evidence that the Administrator abused his/her discretion in the denial of benefits from the Fund.

Notes

Tenn. Comp. R. & Regs. 0800-02-30-.11

New rule filed February 2, 2022; effective 5/3/2022.

Authority: T.C.A. §§ 4-5-202, 50-6-801, 50-6-802, and 50-6-803.