Section 1360-04-01-.06 - SERVICE OF NOTICE OF HEARING(1) In any case in which a party has requested a hearing from an agency and provided the agency with an address, a copy of the notice of hearing shall, within a reasonable time before the hearing, be served on the party to be affected at the address provided, by certified or registered mail, personal service, or service by the methods set forth in the Tennessee Rules of Civil Procedure.(2) In any case in which an agency is initiating a contested case against a party by bringing charges, by attempting to take action against a license, or by other similar action, a copy of the notice of hearing shall be served upon the party to be affected no later than thirty (30) days prior to the hearing date. Except as provided in paragraph (3) below, service in such a case shall be by personal service, return receipt mail or equivalent carrier, such as FedEx, with a return receipt; a person making personal service on a party shall return a statement indicating the time and place of service, and a return receipt must be signed by the party to be affected. However, if 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, return receipt card, or equivalent proof of delivery. 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 proceedings.(3) When the law governing an agency includes a statute allowing for service of the notice by mail without specifying the necessity for a return receipt, and the statute requires a person to keep the agency 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, to the last known address of such person. However, in the event of a motion for default when 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 agency 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 only to the initial notice of hearing required to be filed pursuant to Rule 1360-04-01-.05(2), which is intended by the filing agency to memorialize the commencement of a contested case proceeding as described by Rule 1360-04-01-.05(1). All other documents including, but not limited to, supplemented notice pursuant to Rule 1360-04-01-.05(4), and orders 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.Tenn. Comp. R. & Regs. 1360-04-01-.06
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. Amendment filed February 27, 2004; effective June 28, 2004. Amendments filed January 8, 2024; effective 4/7/2024.Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-219, 4-5-301, 4-5-307, and 4-5-321.