POST orders monthly appeals report and authorizes use of ALJs to clear backlog

The Tennessee POST Commission voted Jan. 6 to require monthly reporting from staff on pending certification appeals and to consider referring default and other appeals to Administrative Law Judges (ALJs) to help clear a backlog.

Staff described a backlog of appeals and said some matters (including defaults and appeals where no new evidence is expected) could be handled through the ALJ process to free commission hearing slots for more complex disciplinary cases. Commissioners asked for a monthly summary that identifies which appeals staff recommend for ALJ referral and a brief factual refresh for the commission before any referral is made. Commissioners discussed due process: an ALJ decision is subject to commission review on appeal and a review would be limited to the administrative record.

Members noted the caseload number discussed in the meeting (about 21 pending cases at one point in the exchange) and asked staff to exclude cases already scheduled for hearing; the commission approved the motion to receive the monthly report and to decide referrals after review. Staff said they would begin providing the report the following month and would include recommended referrals and a short factual summary for commissioners to review before a referral vote.

What happens next: legal staff will compile and present a monthly list of appeals (not including already-scheduled hearings) with brief case summaries and a staff recommendation about possible ALJ referral; the commission will retain final authority to send matters to an ALJ or keep them for full commission hearing.