State RegulationsTN specificDifficulty 2/5
A Tennessee producer attended a departmental hearing and later received an adverse final order from the Commissioner. She believes the order is wrong. What is her proper recourse under T.C.A. § 56-6-112?
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
T.C.A. § 56-6-112 provides both for hearings before the Commissioner and for judicial review of the Commissioner's orders. A producer who receives an adverse final order after a hearing may take the matter to the courts, where a judge examines the order. The administrative process does not end her ability to challenge the order; it is the step that precedes and must be exhausted before the courts review it.
Why the other options are wrong
- A) The statute expressly contemplates judicial review, so a final order is not beyond challenge.
- B) Appointing insurers have no role in setting aside a regulatory order; only the department or a reviewing court can change the outcome.
- D) A new application does not erase an existing order; the producer's remedy is to seek judicial review under T.C.A. § 56-6-112.
Memory hook
Hearing first, courthouse second: the courts review the order, they don't replace the process.