Section 0100-04-.02 - CONTESTED CASES BEFORE ADMINISTRATIVE LAW JUDGES OR TABC HEARING OFFICERS SITTING ALONE(1) With the exception of declaratory orders referenced below, all petitions for a contested matter hearing shall be routinely referred to the Administrative Procedures Division, Department of State for hearing before an Administrative Law Judge sitting alone on behalf of the Commission. However, the Commission retains the right to hear any particular contested matter on its own behalf, or before a properly designated TABC Hearing Officer.(2) In all matters held in accordance with the contested matter provisions of the Uniform Administrative Procedures Act, compiled in Title 4, Chapter 5, Part 3 of the Tennessee Code, and in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized by the Commission, whether heard by an Administrative Law Judge or a properly designated TABC Hearing Officer sitting alone, or by the full Agency, the petitioner and other parties, with the exception of the Commission, shall bear the actual and reasonable costs associated with the contested matter including, but not limited to, Secretary of State Administrative Procedures Division, docketing, filing, judges and other costs, cost for all depositions, court reporters, transcriptions, costs incurred and assessed for the time of the prosecuting attorneys, investigators, expert witnesses, administrative law judges, TABC hearing officer and any other persons involved in the investigation, prosecution and hearing of the action. If an Initial Order of an Administrative Law Judge or properly designated TABC Hearing Officer is to be reviewed by the full Commission, whether such review is requested by the party/licensee/permitee or the TABC staff, the original transcript and one copy of the transcript for each member of the Commission shall be provided to the Commission by the other parties/licensees/ permittees which cost shall be borne by said party/licensee/permittee and not by the Commission. Other costs of the proceeding, including the Administrative Law Judge's or TABC Hearing Officer's costs shall be assessed by the Commission against the other party/licensee/permittee in accordance with T.C.A § 57-1-213.(3) Whenever it is necessary to determine the actual and reasonable costs associated with the contested matter, the TABC director, assistant director or staff attorney shall file a sworn affidavit with the Administrative Law Judge or TABC Hearing Officer setting forth an itemized statement of the services rendered, including, but not limited to, the costs associated with the Secretary of State 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, administrative law judges, TABC hearing officer and such other persons involved in the investigation, prosecution and hearing of the contested matter as well as the time rendered for each service. The TABC shall make a suggestion of the fee to be awarded along with such other statement(s) of other pertinent facts including but not limited to that required by Tenn. Sup. Ct. R. 8, RPC 1.5, applicable case law, and such other information as may be requested by the Administrative Law Judge or TABC Hearing Officer. The Administrative Law Judge or TABC Hearing Officer shall then award the actual and reasonable costs associated with the contested matter based on the then prevailing rate imposed by the Secretary of State Administrative Procedures Division and the actual costs for all depositions, court reporters, transcriptions and such other persons, (including prosecutors, investigators, and expert witnesses) involved in the investigation, prosecution and hearing of the contested matter.(4) Unless otherwise agreed by the parties, at the beginning of all contested matter hearings, Commission counsel shall provide a summary of what the case is about, and introduce into evidence the application and/or Tennessee Alcoholic Beverage Commission license/permit. In no event shall this provision mean that the Commission is a neutral party in contested matters, or that its counsel represents the interests of any party other than the Tennessee Alcoholic Beverage Commission.(5) In all matters, whether heard by an Administrative Judge or properly designated TABC Hearing Officer sitting alone, or by the full Commission, the party petitioning for such hearing shall present its case first, unless the parties agree otherwise.Tenn. Comp. R. & Regs. 0100-04-.02
Original rule filed October 14, 2014; effective 1/12/2015.Authority: T.C.A. §§ 4-5-202, 4-5-310, 4-5-314, 57-1-102, 57-1-213, 57-3-214, and 57-4-201(a)(4).