Tenn. Comp. R. & Regs. 0180-06-.02 - ORDER OF PROCEEDINGS

(1) Order of proceedings for the hearing of contested cases when a Hearing Officer is hearing a case with a Commissioner.

(a) Hearing Officer may confer with the parties prior to a hearing to explain the order of proceedings, admissibility of evidence, number of witnesses and other matters.

(b) Hearing is called to order by the Hearing Officer.

(c) Hearing Officer introduces self and gives a very brief statement of the nature of the proceedings, including a statement of the Hearing Officer's role of making legal rulings.

(d) Hearing Officer introduces the members of the Department and states that the final decision in the proceeding will be made by the Department and that they are the sole judges of the facts, the Hearing Officer being excluded by law from deciding any question of fact when hearing cases with the Commissioner.

(e) Hearing Officer then calls the Respondent to ask if he or she is represented by counsel and if so, counsel is asked to introduce himself or herself. The Hearing Officer then introduces the Complainant's counsel and any other officials who may be present at the hearing.

(f) The Complainant reads the charges, as set out in the notice, with regard to the Respondent while giving references to the appropriate statutes and rules.

(g) The Respondent is asked how he or she pleads to the charges; if he or she admits the charges no further proof may be necessary, other than introduction of evidence pertaining to mitigation. If he or she denies the charges, the hearing proceeds.

(h) The Hearing Officer swears all the witnesses when they are called to testify.

(i) The Respondent is asked if he or she wishes to exclude the Complainant's witnesses from the hearing room so that no witness for the Complainant hears the other's testimony. The Complainant is given the same option with regard to the Respondent's witnesses.

(j) Any preliminary motions, stipulations, or agreed orders are entertained.

(k) Opening statements are allowed by both the Complainant and the Respondent.

(l) Moving party (usually the Complainant) calls his or her witnesses and questioning proceeds as follows:

1.

(Complainant) moving party questions.

2.

(Respondent) other party cross-examines.

3.

(Complainant) moving party redirects.

4.

(Respondent) other party re-cross-examines.

5. Commissioner questions.

6. Further questions by Respondent and Complainant.

(Questioning proceeds as long as is necessary to provide all pertinent testimony.)

(m) Other party (usually the Respondent) calls his or her witnesses and questioning proceeds as follows:

1. (Respondent) other party questions.

2. (Complainant) moving party cross-examines.

3.

(Respondent) other party redirects.

4.

(Complainant) moving party re-cross-examines.

5. Commissioner questions.

6. Further questions by Respondent and Complainant.

(Questioning proceeds as long as necessary to provide all pertinent testimony.)

(n) Complainant and Respondent allowed to call appropriate rebuttal and rejoinder witnesses with examination proceeding as outlined above.

(o) Closing arguments are allowed to be presented by the Complainant and by the Respondent.

(p) Hearing Officer prepares to turn proceedings over to the Commissioner by charging the Commissioner as to burden of proof, requisites of the final order, voting procedures, and other pertinent matters; and reminding them that the Hearing Officer can take no part in any finding of fact although he can advise as to the legal sufficiency of the Commissioner's decision and other questions of law.

(q) The Hearing Officer then turns the proceedings over to the Commissioner for deliberation and decision.

(r) The Commissioner deliberates in public and reaches a decision which is communicated to the Respondent or takes the case under advisement and schedules public deliberations for a later time.

(s) The Hearing Officer hears any offers of excluded proof for the record.

(2) The order of proceedings for the hearing of contested cases when a Hearing Officer or Administrative Law Judge is hearing the case alone is identical to the procedure outlined in paragraph (1) with the exception that the Commissioner is not present to participate. After the close of the hearing the parties are informed that a transcript or duplicate recording will be made of the testimony and that the Hearing Officer or Administrative Law Judge will write a proposed decision which will be served on the parties. The parties will be informed they will be allowed fourteen (14) days, or other period of time reached by agreement of the parties, to file exceptions to this decision. After the exception period expires the entire record will be submitted to the Agency for deliberations which will be in public and held pursuant to proper notice.

(3) Subparagraphs (1) and (2) of this rule are intended to be merely a general outline as to the conduct of an administrative proceeding and it is not intended that a departure from the literal form or substance of this outline, in order to expedite or insure the fairness of proceedings, would be in violation of this rule.

Notes

Tenn. Comp. R. & Regs. 0180-06-.02

Original rule filed November 25, 1975; effective December 27, 1975. Amendment filed February 17, 1984; effective May 15, 1984.

Authority: T.C.A. §§ 4-5-108, 4-3-113(b); as amended (Public Chapter 216, May 3, 1983). Chapter 1360-1-7-.02, Uniform Rules of Procedure for Hearing Contested Cases Before State Administrative Agencies, ORDER OF PROCEEDINGS.