Tenn. Comp. R. & Regs. 0180-06-.22 - RECORD OF EXCLUDED EVIDENCE

(1) If an objection to proferred evidence is sustained by the Hearing Officer, the party seeking to introduce the evidence may make a specific offer of proof:

(a) In a proceeding before a Hearing Examiner with the Commissioner present, the Hearing Examiner shall accept the offer of proof at the completion of the hearing after the Commissioner has reached a final decision.

(b) If a Hearing Examiner presides alone at a hearing, he shall accept the offer of proof during the hearing but shall not submit it in his proposed order to the Commissioner and other parties as part of the record.

(c) If the Commissioner determines the case alone, he shall accept the offer of proof during the hearing but shall not consider it as part of the record in his proposed order.

(2) The Hearing Officer, in accepting the offer of proof, may add such other or further statement as clearly shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon.

Notes

Tenn. Comp. R. & Regs. 0180-06-.22

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 and 4-5-120.