Tenn. Comp. R. & Regs. 0455-01-05-.07 - FORMAL DISPOSITION OF CONTESTED CASES
(1) At least
twenty one (21) days prior to the administrative hearing, a notice of hearing
and a copy of the charges shall be served on the applicant or court reporter
personally or by registered or certified mail to the last known address shown
on the records of the Board.
(2)
The Board's complaint may be amended prior to the hearing but no amendment
shall be permitted which is not germane to the charge or charges or which
materially alters the nature of any offense charged. The Board shall have the
right to determine the sufficiency of the complaint.
(3) A motion for withdrawal of the complaint
may be filed with the Board's designee. The circumstances surrounding the
attempt to withdraw the complaint may be explained by the person who is
attempting to withdraw the complaint and the explanation shall be considered.
No complaint that is well-founded will be dismissed solely upon the motion of
the original complainant.
(4)
Pleadings relating to disciplinary proceedings pending before the Board shall
be filed with the Board's designee. Pleadings shall be deemed filed upon actual
receipt.
(5) Requests for subpoenas
shall be filed with the Board at least ten (10) days prior to the hearing along
with the appropriate subpoena-processing fee. Any expense for service by a
sheriff, process server or other entity shall be the responsibility of the
party requesting the subpoena. Any expenses incurred relative to subpoenas
requested by a respondent, either for witnesses or related to production of
documents, are the responsibility of the party who requested the issuance of
said subpoena.
(6) The hearing
shall be conducted by the Board in the presence of a hearing officer or by a
hearing officer, pursuant to T.C.A. §
4-5-301. All testimony shall be
under oath and shall be transcribed by a court reporter scheduled by the Board.
Telephonic or other real-time electronic testimony is admissible at the
discretion of the hearing officer.
(7) A continuance may be granted by the Board
or its designee upon the filing of a written motion and affidavit detailing the
reasons for the continuance. No motion for continuance shall be granted unless
filed at least five days prior to the hearing. This provision may be waived
upon showing of an emergency.
Notes
Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607 and 20-9-608.
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