Section 1360-04-01-.02 - DEFINITIONSThe terms defined by the Uniform Administrative Procedures Act (UAPA), Tennessee Code Annotated Title 4, Chapter 5, shall have the same meaning for the purpose of these rules, unless the context otherwise requires, in addition to the following:
(1) Administrative Judge - The term "administrative judge" shall be defined in the same manner as defined by T.C.A. § 4-5-102(1). Wherever the term "administrative judge" is used in these rules, it is intended to include reference to the term "hearing officer," in cases in which hearing officers conduct the proceedings, as defined by T.C.A. § 4-5-102(4).(2) Administrative Procedures Division - The Administrative Procedures Division of the Office of the Secretary of State.(3) Burden of Proof - The "burden of proof" refers to the duty of a party to show by a preponderance of the evidence, except when other law or rule has created a different standard, that an allegation is true or that an issue should be resolved in favor of that party. A "preponderance of the evidence" means the greater weight of the evidence or that, according to the evidence, the conclusion sought by the party with the burden of proof is the more probable conclusion. The burden of proof is generally assigned to the party who seeks to change the present state of affairs with regard to any issue, except when other laws or rules have created an exception to this general rule. The administrative judge makes all decisions regarding which party has the burden of proof on any issue.(4) Filing - Unless otherwise provided by law or by these rules, "filing" means actual receipt by the entity designated to receive the required materials.(5) Petitioner - The "petitioner" in a contested case proceeding is the "moving" party, i.e., the party who initiated the proceedings. The petitioner usually bears the ultimate burden of proof and will therefore present his or her proof first at a contested case hearing. In some cases, however, the party who initiated the proceedings will not be the party with the burden of proof on all issues. In such cases, the administrative judge will determine the order of proceedings, considering the interests of fairness, simplicity, and the speedy and inexpensive determination of the matter at hand.(6) Pleadings - "Pleadings" are written statements of the facts and law that constitute a party's position or point of view in a contested case and that, when taken together with the other party's pleadings, will define the issues to be decided in the case. Pleadings may be in legal form-for example, a "Notice of Hearing and Charges," "Petition for Hearing," or "Answer"- or, when not practicable to put them in legal form, letters or other papers may serve as pleadings in a contested case, if necessary, to define the parties' positions and issues in the case.(7) Record - The record consists of all items stated in T.C.A. § 4-5-319 (e.g., pleadings, orders, or other materials filed in a contested case proceeding), including the exhibits admitted into evidence at a hearing and the transcript, if filed. The electronic case file is the official record of proceedings conducted by the Administrative Procedures Division.(8) Respondent - The "respondent" in a contested case proceeding is the party who is responding to the charges or other action brought by the "petitioner."(9) "UAPA" - The Uniform Administrative Procedures Act, located at Tennessee Code Annotated Title 4, Chapter 5.Tenn. Comp. R. & Regs. 1360-04-01-.02
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, 4-5-301(b), 4-5-312, and 4-5-321; Cross reference T.C.A. § 4-5-102.