Section 1240-05-05-.03 - ORDER OF PROCEEDINGS(1) Telephonic, Televised and Alternate Electronic Methods for Conducting Hearings and Pre-hearing Conferences. In the discretion of the hearing official, and with the concurrence of the parties, all or part of the contested case proceeding, including any pre-hearing conference, may be conducted by telephone, television, or other electronic means, if each participant in the conference has an opportunity to fully participate in the entire proceeding while it is taking place.
(2) Order of proceedings for the hearing of contested cases, including reconsideration hearings:(a) The hearing official may confer with the parties prior to a hearing to explain the order of proceedings, admissibility of evidence, number of witnesses and other matters.(b) The hearing is called to order by the hearing official.(c) The hearing official introduces him/herself and gives a very brief statement of the nature of the proceedings, including a statement of the hearing official's role in making factual and legal rulings.(d) The hearing official then calls on the respondent to ask if the respondent is represented by counsel, and if so, counsel is introduced. The hearing official then introduces the petitioner's counsel and any other officials who may be present at the hearing.(e) The hearing official states what documents the record contains.(f) In appropriate cases, the hearing official or petitioner reads the charges as set out in the notice with regard to the respondent, while giving references to the appropriate statutes and rules.(g) In appropriate cases, the respondent is asked how he or she responds to the charges or disposition of his/her case. If he or she admits the charges or agrees with the disposition of his/her case, no further proof may be necessary, other than introduction of evidence pertaining to the proper penalty, if appropriate. If he or she denies the charges or fails to admit them or disagrees with the disposition of any portion of his/her case, the hearing proceeds. (Proceedings involving Families First and Food Stamp Intentional Program Violations are governed under Department of Human Services State Rules at Chapters 1240-5-14 and 1240-5-15.)(h) The hearing official swears the witnesses.(i) The parties are asked whether they wish to have all witnesses excluded from the hearing room except during their testimony. If so, all witnesses are instructed not to discuss the case during the pendency of the proceeding. Notwithstanding the exclusion of the witnesses, individual parties will be permitted to stay in the hearing room, and the State or any other party that is a corporation or other artificial person may have one appropriate individual, who may also be a witness, act as its party representative.(j) Any preliminary motions, stipulations, or agreed orders are entertained.(k) Opening statements are allowed by both the petitioner and the respondent.(l) Moving party (usually the petitioner) calls witnesses and questioning proceeds as follows: 1.(Petitioner) moving party questions.
2.(Respondent) other party cross-examines.
3.(Petitioner) moving party redirects.
4.(Respondent) other party re-cross-examines.
5. Hearing official questions.6. Further questions by petitioner and respondent. (Questioning proceeds as long as necessary to provide all pertinent testimony.)(m) Other party (usually the Respondent) calls witnesses and questioning proceeds as follows:1.(Respondent) other party questions.
2.(Petitioner) moving party cross-examines.
3.(Respondent) other party redirects.
4.(Petitioner) moving party re-cross-examines.
5. Hearing official questions.6. Further questions by respondent and petitioner. (Questioning proceeds as long as is necessary to provide all pertinent testimony.)(n) Petitioner and respondent are allowed to call appropriate rebuttal and rejoinder witnesses with examination proceeding as outlined above.(o) Closing arguments are allowed to be presented by the petitioner and by the respondent.(p) The hearing official announces the decision or takes the case under advisement.(3) The parties are informed that an Initial Order will be written and sent to the parties and that the Initial Order will inform the parties of their appeal rights.(4) Paragraphs (1) - (3) of this rule are intended to be merely a general outline as to the conduct of a contested case proceeding and it is not intended that a departure from the literal form or substance of this outline, in order to expedite or ensure the fairness of proceedings, would be in violation of this rule.Tenn. Comp. R. & Regs. 1240-05-05-.03
Original rule filed January 19, 1977; effective February 18, 1977. Amendment filed December 17, 1983; effective March 16, 1983. Amendment filed February 26, 2007; effective May 12, 2007.Authority: T.C.A. §§ 4-5-202, 4-5-219, 4-5-301, 4-5-312, 71-1-105(12) and 71-1-111.