Tenn. Comp. R. & Regs. 1360-04-01-.01 - SCOPE

(1) Subject to any other applicable federal or state law, these rules shall govern contested case proceedings before all agencies that have adopted these rules, and will be relied upon by administrative judges in all contested cases utilizing administrative judges from the Administrative Procedures Division of the Office of the Secretary of State (whether sitting alone or with the agency), except when, pursuant to T.C.A. § 4-5-219(d), an agency has lawfully adopted a rule that is contrary to a provision of these rules. However, Rule 1360-04-01-.20 applies to all administrative judges and hearing officers of the State of Tennessee in all matters.

(2) Any provision of these rules may be suspended at the discretion of the presiding administrative judge or hearing officer when clearly warranted in the interests of justice, consistent with the requirements of the Uniform Administrative Procedures Act and other applicable law.

(3) In any situation that arises that is not specifically addressed by these rules, reference may be made to the Tennessee Rules of Civil Procedure for guidance as to the proper procedure to follow when appropriate and to whatever extent will best serve the interests of justice and the speedy and inexpensive determination of the matter at hand.

(4) Agencies are encouraged to adopt their own rules of procedure to address specific topics that are unique to the type of cases conducted by an agency, to whatever extent these rules do not address such topics.

Notes

Tenn. Comp. R. & Regs. 1360-04-01-.01

Original rule filed November 22, 1978; effective January 8, 1979. Amendment filed May 23, 1984; effective June 22, 1984. Repeal and new rule filed November 25, 1986; effective January 9, 1987. Amendment filed May 31, 1990; effective July 15, 1990. Amendments filed January 8, 2024; effective 4/7/2024.

Authority: T.C.A. §§ 4-5-219 and 4-5-321.