2010 Tennessee Code
Title 13 - Public Planning And Housing
Chapter 18 - Major Energy Projects
13-18-114 - Special procedures for state agencies authorized.

13-18-114. Special procedures for state agencies authorized.

(a)  Notwithstanding any other provision of law, the team may establish special procedures in the project decision schedule for any state agency subject to such schedule.

(b)  Such procedures shall be consistent with all statutes and rules, regulations and orders promulgated by the agency except that the team may require the agency to:

     (1)  Consolidate, to the maximum extent practicable, its proceedings respecting actions and decisions which are subject to the project decision schedule with the proceedings of other agencies, including other state and local agencies which are also subject to such schedule;

     (2)  Establish permit, license, and other filing requirements which eliminate unnecessary duplication, and, to the maximum extent practicable, provide for uniform collection, analysis, and reporting of such data;

     (3)  Substitute legislative-type hearings in lieu of trial-type hearings; provided, that in any cases in which:

          (A)  A formal hearing including an opportunity for cross-examination of witnesses is authorized by any provision of statute other than this chapter; and

          (B)  The agency determines there is a genuine and substantial dispute of fact which can only be resolved with sufficient accuracy by the introduction of evidence in a formal hearing;

the agency shall designate such dispute for resolution in a formal hearing conducted in accordance with the statute providing for such hearing;

     (4)  Shorten time periods for actions required by agency procedures;

     (5)  Conduct hearings, except where such hearings are conducted pursuant to subdivision (b)(3), in which parties may submit such written data, views, or arguments and such written responses to the data, views or arguments submitted by other parties, as the team, agency, or the presiding employee may specify and in which oral presentation is limited to brief oral argument with respect to the written submissions;

     (6)  Establish procedures for issuing final decisions in which the presiding employee at any hearing may be required to certify the hearing record to the agency for decision without an initial decision. Such procedures may also require the presiding employee to submit the record to the agency without a recommended or tentative decision, but with such analysis of the record as the agency may specify. The agency itself shall then make the decision; or

     (7)  Utilize any combination of procedures authorized by this subsection.

[Acts 1981, ch. 131, § 14.]