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

Tenn. Comp. R. & Regs. 0720-13-.02

Original rule filed August 31, 2005; effective November 14, 2005. Emergency rule filed July 1, 2016; effective through December 28, 2016. The emergency rule expired on December 29, 2016 and reverted to its previous status. Amendments filed November 15, 2016; effective February 13, 2017. Emergency rules filed September 28, 2021; effective through March 27, 2022. Amendments filed December 27, 2021; effective 3/27/2022.

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.