Tenn. Comp. R. & Regs. 0940-03-10-.06 - REGULATION AND SUPERVISION

(1) Each COPA, and every party thereto, shall be subject to the active regulation of and supervision by the Department with respect to the activity or activities contemplated under the COPA.

(a) Active regulation and supervision of the COPA and the parties thereto shall include, but not be limited to, an inspection (one of which may be unannounced) and review at least twice annually of the following materials and matters:

1. all records, correspondence, documents or other material of the parties to the COPA regarding development and maintenance of the COPA;

2. all records, correspondence, documents or other material of the parties to the COPA addressing the continued benefits or potential disadvantages of continuation of the COPA;

3. any other matter deemed relevant by the Department to the continued operation of the COPA and its cooperative agreements.

(2) The Department shall maintain on file all cooperative agreements for which a COPA remains in effect.

(3) All certificate holders must annually reapply for a COPA as follows:

(a) Parties to a cooperative agreement shall jointly submit a single renewal application on behalf of all parties to a single cooperative agreement.

(b) The original and two copies of the renewal application must be submitted to the Department or the department or other agency that conducted the review;

(c) The renewal application shall be accompanied by the Department's renewal form on which the certificate holder shall indicate its compliance with the requirements of rule 0940-3-10-.03(2). The certificate holder shall also address and describe any material changes in the implementation or operation of the cooperative agreement, and must address any changes in competition in the relevant market bearing on the cooperative agreement; and

(d) Submit a renewal fee equal to that of the initial application fee.

(4) If the Department determines that the COPA continues to comply with the standards listed in rule 0940-3-10-.05(4), the Department shall renew the COPA. If the Department determines that the disadvantages attributable to the COPA outweigh its likely benefits, the COPA is invalid, with no further force or effect. The Department shall give fourteen (14) days notice of its termination of the COPA under this section. The COPA shall be rendered invalid at 12:01 a.m. on the 15^th day.

Notes

Tenn. Comp. R. & Regs. 0940-03-10-.06

Original rule filed June 29, 2004; effective September 12, 2004.

Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-302(a)(3), 33-1-304, 33-1-305(1), 33-1-309, 33-2-101, and 33-2-701, et seq.