If Your Appeal Is Not SuccessfulThe Office of Administrative Review (OAR)
Appealing the Appeals Tribunal Decision
After the hearing, the Appeals Tribunal will mail its decision to all parties. If a party disagrees with the decision, that party has the right to appeal to the Office of Administrative Review (OAR). To file an appeal, the party must notify the Office of Administrative Review in writing within fifteen (15) calendar days of the mailing date of the Appeals Tribunal’s decision via facsimile or mail.
The Office of Administrative Review Mailing address is:
Office of Administrative Review, Legal Division
Dept of Labor and Workforce Development
220 French Landing Drive
Nashville, TN 37243-1002
Fax: (615) 741-0290
When a decision is appealed to the Office of Administrative Review, a hearing is not automatically scheduled. All parties are given the opportunity to offer additional evidence. If the additional evidence is relevant to the issue under appeal, the Office of Administrative Review may schedule another hearing or schedule a hearing on its own motion. But usually, the Office of Administrative Review will review the evidence presented to the Appeals Tribunal without another hearing. In either case, the Office of Administrative Review will issue a decision. That decision will be mailed to all interested parties and may affirm, modify or reverse the Appeals Tribunal’s decision. The OAR may also remand the case back to the Appeals Tribunal for another hearing.
What is the Office of Administrative Review?
The Office of Administrative Review (OAR) administers the second level of unemployment appeals. It replaced the Unemployment Board of Review in 2010. Tennessee law requires that the Commissioner is to designate Tennessee licensed attorneys within the Department of Labor and Workforce Development to adjudicate appeals of the decisions of the unemployment hearing officer. This Commissioner's Designee(s) will be a part of the Department of Labor and Workforce Development's legal division.
Taking an Appeal Decision to Chancery Court
If a party does not agree with the Office of Administrative Review’s decision, he or she may file a petition for judicial review in the Chancery Court of the Tennessee County in which he or she lives. Out-of-state parties may file in the Chancery Court in the county where the employer is located. A tax liability case must be filed in Davidson County.
Find a chancery court nearest you