68-11-815 - Filing of documents Dismissal and reinstatement of proceedings. - Tennessee Statutes

68-11-815. Filing of documents Dismissal and reinstatement of proceedings.

(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 department elect not to proceed to prosecute the assessment, the department 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 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 department or require the department to participate in the proceeding.

[Acts 1987, ch. 312, § 2.]