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A case has been opened by Secretary of State Tre Hargett’s Administrative Procedures Division concerning the Old Stone Fort Bridge dated July 30 versus the Tennessee Department of Environment and Conservation.

According to the Bridge Preservation Group President Gary Kiviniemi, the date for the Secretary of State Administrative Review is not yet set except before February. A pre-hearing conference is set for August 12.

“It is our intention to exhaust every administrative process possible,” Kiviniemi said. “In fact, it is required before court action.”

Kiviniemi said the issue here is not a bridge, but a failure of TDEC to “genuinely measure and honor the will of the people on a project that is entirely discretionary and in the opinion of the people – unneeded and unwanted – and totally against their desire to keep the old historic bridge in place.”

“We are prepared with facts regarding TDEC failures legally and morally, with increasing public outcry, with increasing media coverage and with legal consultation advising on future legal options,” he said. “We are determined and we are funded to handle any obstacles that arise.”

According to Kiviniemi on social media, “Next if required: we have (two) additional individuals who have pledged matching donations for financial assistance to file suit or injunction as appropriate,” he writes. “If this eventuates, we will have considerable detail to share as we raise necessary funds.”

TDEC representatives were unable to comment before press time.

Generally, APD hearing decisions are rendered within 90 days from the date the record closes, however, there are many exceptions based on the type of case and whether a rule or statute specifically addresses decision timelines.

According to the APD, cases are opened with the Administrative Procedures Division by the state or local government agency for whom APD is hearing the case. An individual or business who wants to appeal a government agency’s ruling will file an appeal with that agency (TDEC in this case). The agency then refers that appeal to APD. Individuals do not open cases directly with APD.

The next step in the process is a hearing or a board meeting, where both sides present their case. A decision is made by an Administrative Law Judge. A party can then request a reconsideration of the decision or request an appeal to a higher court.