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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) All documents assessing civil penalties shall be promptly filed with the administrative procedures division of the secretary of state.
(b)(1) Thereafter, should the health facilities commission elect not to proceed to prosecute the assessment, the commission shall file a notice of dismissal, detailing and explaining the reasons for its decision.
(2) The notice of dismissal shall be maintained upon the public record and copies filed with the Tennessee commission on aging and disability and the Tennessee Health Care Association.
(c)(1) Within thirty (30) days of its entry, a third party may petition the administrative judge to reinstate the penalty proceeding.
(2) The administrative judge may grant the petition if it demonstrates that the petitioner's legal rights, duties or legal interests were the subject of the original proceeding, if the administrative judge determines that the petitioner is properly prepared to prosecute the action, and if the administrative judge also determines that the interests of justice and the orderly and prompt conduct of the proceedings shall not be impaired by allowing the reinstatement.
(3) Should the assessment of the penalty be reinstated, the administrative judge may, in the administrative judge's discretion, either excuse the health facilities commission or require the commission to participate in the proceeding.
Cite this article: FindLaw.com - Tennessee Code Title 68. Health, Safety and Environmental Protection § 68-11-815 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-68-health-safety-and-environmental-protection/tn-code-sect-68-11-815/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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