§ 50-6-906 — Refusal by bureau of workers' compensation to file application - Reversal or modification by court - Hearing - Appeal

Tennessee § 50-6-906

• Jurisdiction: Tennessee
• Title: 50

Text

(a) If the bureau of workers' compensation refuses to file an application and list the construction services provider on the registry, the bureau of workers' compensation shall return such application to the provider within ten (10) business days after the document was received for filing, together with a brief, written explanation of the reason for the bureau of workers' compensation's refusal to file. (b) If the bureau of workers' compensation refuses to file an application and list a provider on the registry, the provider may appeal the refusal to the chancery court of Davidson County. The appeal shall be commenced by petitioning the court to compel listing such provider on the registry and shall attach to the petition the application and the bureau of workers' compensation's explanation of the bureau of workers' compensation's refusal to file. (c) The court may reverse or modify the actions of the bureau of workers' compensation if the rights of the provider have been prejudiced because the bureau of workers' compensation's actions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the bureau of workers' compensation; (3) Made upon unlawful procedure; or (4) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (d) After any hearing deemed necessary by the court, the court may summarily order the bureau of workers' compensation to list such provider on the registry or take other action the court considers appropriate. (e) The court's final decision may be appealed as in other civil proceedings.

Legislative History

Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022. Acts 2010 , ch. 1149, § 13.