Tenn. Comp. R. & Regs. 1360-04-01-.16 - REQUESTS FOR COSTS
(1) In cases heard
by administrative judges from the Administrative Procedures Division, sitting
alone, whenever a statute allows for the recovery of costs or attorney's fees,
the moving party shall file a motion for the actual and reasonable costs and
attorney's fees incurred in order to recover such costs and fees. These may
include, but are not limited to, the costs associated with the Administrative
Procedures Division for docketing, filing, judges, and other costs; cost for
all depositions, court reporters, and transcriptions; costs incurred and
assessed for the time of the prosecuting attorneys, investigators, expert
witnesses, and such other persons involved in the investigation, prosecution,
and hearing of the contested matter as well as the time rendered for each
service.
(2) The motion shall be
accompanied by an affidavit of the attorney setting forth an itemized statement
of the services rendered, the time involved, a suggestion of the fee to be
awarded, and with a statement of other pertinent facts including, but not
limited to, that required by Tennessee Supreme Court Rule 8, Rules of
Professional Conduct 1.5, applicable case law, and such other information as
may be requested by the administrative judge.
(3) To the extent the motion seeks to recover
costs associated with the Administrative Procedures Division, the moving party
may request that the Administrative Procedures Division provide a bill of
costs. The bill of costs shall be attached to the motion as an exhibit, and
those costs shall be allowed to the movant unless the administrative judge
otherwise directs.
(4) The
non-moving party may contest any costs or attorney's fees requested by filing a
written response to the motion. If the motion is not contested, the awardable
amount remains subject to the administrative judge's discretion regarding
accuracy and reasonableness. Such motions shall otherwise be governed by Rule
1360-04-01-.09.
Notes
Authority: T.C.A. ยงยง 4-5-219 and 4-5-321.
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