Tenn. Comp. R. & Regs. 0800-02-13-.11 - SERVICE OF NOTICE OF HEARING

(1) In any case in which a party has requested a contested case hearing from the Bureau and provided the Bureau with an address, a copy of the notice of hearing shall, within a reasonable time before the hearing, be delivered to the party to be affected at the address provided, by certified or registered mail or equivalent carrier with a return receipt, personal service, or service by the methods set forth in paragraphs (2) and (3) of this rule.

(2) In any case in which the party to be affected evades or attempts to evade service, service may be made by leaving the notice or a copy thereof at the party's dwelling house or usual place of abode with some person of suitable age and discretion residing therein, whose name shall appear on the proof of service or return receipt card. Service may also be made by delivering the notice or copy to an agent authorized by appointment or by law to receive service on behalf of the individual served, or by any other method allowed by law in judicial or administrative proceedings.

(3) Where the law governing the Bureau includes a statute or Rule allowing for service of the notice by mail, without specifying the necessity for a return receipt, and a statute or Rule requiring a person to keep the Bureau informed of his or her current address, service of notice shall be complete upon placing the notice in the mail in the manner specified in the statute or Rule, to the last known address of such person. However, in the event of a motion for default where there is no indication of actual service on a party, the following circumstances will be taken into account in determining whether to grant the default, in addition to whether service was complete as defined above:

(a) Whether any other attempts at actual service were made;

(b) Whether and to what extent actual service is practicable in any given case;

(c) What attempts were made to get in contact with the party by telephone or otherwise; and

(d) Whether the Bureau has actual knowledge or reason to know that the party may be located elsewhere than the address to which the notice was mailed.

(4) The methods of service authorized and time limits required pursuant to paragraphs (1) through (3) of this rule shall apply specifically to the request for contested case hearing and the notice of hearing required to be filed pursuant to rule 0800-02-13-.10(2) which is intended to memorialize the commencement of a contested case proceeding as described by rule 0800-02-13-.10(1). All other documents including, but not limited to, supplemented notice pursuant to rule 0800-02-13-.10(3), and notices of continuances that are ordered or required by statute or rule to be served during the course of the resulting contested case proceeding shall not be required to be served by return receipt mail or its equivalent, or by personal service and may be accomplished upon agreement of the parties by electronic mail or other paperless delivery systems.

Notes

Tenn. Comp. R. & Regs. 0800-02-13-.11

Original rule filed October 13, 2004; effective February 28, 2005. Amendments filed March 29, 2017; effective 6/27/2017.

Authority: T.C.A. §§ 4-5-307, 50-6-102, 50-6-118, 50-6-125, 50-6-128, 50-6-205, 50-6-233, 50-6-237, 50-6-244, 50-6-411, 50-6-412, 50-6-801, and Public Chapter 962 (2004).