(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
(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. §
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.
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
Tenn. Comp. R. & Regs.
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
Authority: T.C.A. §§
2016 Tenn. Pub. Acts Ch. 1043; and 2021 Tenn. Pub. Acts Ch. 557.