(1) The Commission, upon motion by either party or upon its own, may decide to hear or otherwise consider any matter En Banc either before or after a decision has been rendered or a hearing conducted by an individual Commissioner. When this motion is made by a party after an Order resolving the claim has been entered by an individual Commissioner, the motion for En Banc Hearing has the same effect as a motion for new trial.
(2) The motion shall set out the reasons why an En Banc Hearing is requested.
(3) Opposing party shall file any desired response within thirty (30) days or within a different time set by the Commissioner to whom the claim is assigned.
(4) The full Commission will consider the motion and the opposing party’s response. Oral argument may be requested by the Commission. Upon a determination to grant a hearing En Banc after a decision by an individual Commissioner, the Commission will further advise all parties whether the review will be limited to (a) argument of legal issues, (b) argument in general, (c) whether additional evidence may be introduced, or (d) whether there will be complete re-trial of all issues.
(5) The standard of review used by the Commission is de novo with no presumption of correctness of the decision of the individual Commissioner.
Authority: T.C.A. § 9-8-306.
Administrative History: Original rule filed April 9, 1986; effective May 9, 1986. Repeal and new rule filed May 29, 1992; effective August 29, 1992.