Tenn. Comp. R. & Regs. 0720-13-.02 - CONTESTED CASES BEFORE ADMINISTRATIVE JUDGES SITTING ALONE
(1) With the exception of declaratory orders
referenced below, all petitions for a contested case hearing shall routinely be
referred to the Administrative Procedures Division, Department of State for
hearing by an Administrative Judge sitting alone on behalf of the Agency. The
Agency retains the right, however, to hear any particular contested case on its
own behalf.
(2) In all cases,
whether heard by an Administrative Judge sitting alone, or by the full Agency,
the petitioner and other parties with the exception of the Agency shall bear
the cost for all court reporters and transcriptions, and charges billed to the
Agency for the Administrative Judge's work/time; in a contested case where the
petition is dismissed, whether voluntarily or involuntarily, the petitioning
party or parties shall be considered a "losing party" under T.C.A. §
68-11-1610. The original transcript and one copy of the transcript for each
member of the Agency shall be provided to the Agency by the other parties, if
the case is to be reviewed by the full Agency.
(3) Unless agreed otherwise by the parties,
at the beginning of all contested case hearings, Agency counsel shall provide a
summary of what the case is about, description of the project, and introduce
into evidence the application, the reviewing agency's report (for applications
considered by the Agency prior to October 1, 2021) or staff report (for
applications submitted on or after October 1, 2021), the staff summary, and the
minutes of the Agency reflecting the action that was taken before the Agency.
In no event shall this provision mean that the Agency is a neutral party in
contested cases, or that its counsel represents the interests of any party
other than the Agency.
(4) In all
cases, whether heard by an Administrative Judge sitting alone, or by the full
Agency, the party petitioning for such hearing shall present its case first,
unless the parties agree otherwise.
Notes
Authority: T.C.A. §§ 4-5-202, 4-5-223, 4-5-310, 4-5-314, 68-11-1605, 68-11-1609, and 68-11-1610; 2016 Tenn. Pub. Acts Ch. 1043; and 2021 Tenn. Pub. Acts Ch. 557.
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