Rendering of Final Order — Findings of Fact — Appointment of Qualified Substitute — Submission of Proposed Findings

  1. Law
  2. Tennessee Code
  3. Cities and Towns
  4. Municipal Powers Generally
  5. Office of Administrative Hearing Officer
  6. Rendering of Final Order — Findings of Fact — Appointment of Qualified Substitute — Submission of Proposed Findings

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  1. An administrative hearing officer shall render a final order in all cases brought before the officer's body.
  2. A final order shall include conclusions of law, the policy reasons therefor, and findings of fact for all aspects of the order, including the remedy prescribed. Findings of fact, if set forth in language that is no more than mere repetition or paraphrase of the relevant provision of law, shall be accompanied by a concise and explicit statement of the underlying facts of record to support the findings. The final order must also include a statement of the available procedures and time limits for seeking reconsideration or other administrative relief and the time limits for seeking judicial review of the final order.
  3. Findings of fact shall be based exclusively upon the evidence of record in the adjudicative proceeding and on matters officially noticed in that proceeding. The administrative hearing officer's experience, technical competence and specialized knowledge may be utilized in the evaluation of evidence.
  4. If an individual serving or designated to serve as an administrative hearing officer becomes unavailable, for any reason, before rendition of the final order, a qualified substitute shall be appointed. The substitute shall use any existing record and may conduct any further proceedings as is appropriate in the interest of justice.
  5. The administrative hearing officer may allow the parties a designated amount of time after conclusion of the hearing for the submission of proposed findings.
  6. A final order rendered pursuant to subsection (a) shall be rendered in writing within seven (7) business days after conclusion of the hearing or after submission of proposed findings unless such period is waived or extended with the written consent of all parties or for good cause shown.
  7. The administrative hearing officer shall cause copies of the final order under subsection (a) to be delivered to each party.


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