Tenn. Comp. R. & Regs. 1350-02-.05 - HEARING PROCEDURES FOLLOWING NOTICE OF PROPOSED REVOCATION, SUSPENSION, NONRENEWAL, FINE, OR CIVIL PENALTY
(1) All hearings
conducted under this subsection shall be conducted by the Council. The Council
may appoint an administrative judge or hearing officer to preside at the
hearing, rule on questions of the admissibility of evidence, swear witnesses,
advise the Council on the law of the case, and ensure that the proceedings are
carried out in accordance with the law. The contested case provisions of the
Uniform Administrative Procedures Act, T.C.A. §§
4-5-301, et seq.
apply to the extent that they do not conflict with the specific provisions of
these Rules.
(2) A hearing shall be
conducted no later than one hundred eighty (180) days following receipt of a
request for hearing given in accordance with the provisions of this Chapter. A
notice setting forth the time, date, and location of the hearing and the right
to be represented by counsel will be sent to the party or parties requesting
such hearing at least thirty (30) days before the date set for such hearing.
The notice shall also include a statement of the legal authority and
jurisdiction under which the hearing is to be held, including reference to the
particular sections of the statutes and Rules involved. The Council or ALJ may,
upon good cause being shown or by agreement of the parties, continue the
hearing to a later date.
(3) In
connection with a hearing, the Council or administrative law judge may:
(a) Conduct the hearing in an informal manner
without formal rules of evidence or procedure;
(b) Request that the Executive Director, or
administrative law judge hold pre-hearing conferences to:
1. Settle, simplify, or identify the issues
involved in the hearing; or
2.
Consider other matters that may aid in the expeditious disposition of the
hearing;
(c) Require
each complaining party to state, either orally or in writing, its position
concerning the various issues involved in the hearing;
(d) Require each complaining party to produce
for examination those relevant witnesses and documents under its
control;
(e) Rule on motions and
other procedural items pending before the Council, including, without
limitation, the methods, scope, and extent of discovery available to any
party;
(f) Regulate the course of
the hearing and conduct of the participants, including the imposition of
reasonable time limits;
(g)
Establish time limits for submission of motions or memoranda;
(h) Take official notice of any material fact
not appearing in evidence in the record, if the fact is among the traditional
matters of judicial notice;
(i)
Administer oaths or affirmations; and
(j) Issue subpoenas to compel the attendance
of witnesses and production of relevant documents.
(4) Any party may request that the hearing be
conducted before a court reporter. Such request must be in writing and include
an agreement by the requesting party that it shall pay for, or that it shall
procure at its own cost and on its own initiative, the court reporting services
for such hearing. To be made part of the record, the original transcript of any
such proceedings shall be submitted to the Council as soon as the transcript is
available, but not later than twenty (20) business days after the
hearing.
(5) The Council shall
provide a written decision containing the Council's ruling. If a License or
Registration is revoked, suspended, or not renewed by the Council, the Council
shall state the term of the imposed discipline, and may prescribe conditions
for reinstatement of the License or Registration. Such decision must be made
within the later to occur of (i) thirty (30) days after the conclusion of the
hearing or (ii) thirty (30) days after receiving an original transcript of the
hearing pursuant to the preceding paragraph. A copy of the decision must be
sent by certified mail, return receipt requested, or delivered by a national
courier service to the party who requested the hearing. The party is presumed
to have received such decision from the Council on the fifth (5th) business day
following the date such decision was sent to the last known address of such
party.
Notes
Authority: T.C.A. §§ 4-49-105, 4-49-106, 4-49-115, 4-49-126, 4-49-127, 4-49-128, and 4-49-129.
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