Section 0180-06-.06 - PLEADINGS(1) Notice. In all contested cases parties shall be afforded reasonable notice of an opportunity for hearing. If a hearing is requested or deemed advisable by the Commissioner the State shall serve upon the "Respondent" or "Complainant" a written notice or a copy thereof specifying the time, place, nature of the hearing and the right to be represented by counsel. In addition, the Complainant must detail the legal authority and jurisdiction under which the hearing is to be held and a short and plain statement of the matters asserted. The notice or copy of the notice must be delivered by return receipt mail or served personally by the Commissioner or a person designated by the Commissioner on the party to be affected; or if the Respondent evades or attempts to evade service, by leaving the notice or a copy thereof at his 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 to return receipt card, or by delivering the notice or copy to an agent authorized by appointment or by law to receive service on behalf of the individual served. The person making personal service on a party shall return a statement indicating the time and place of service. No hearing shall be held, unless otherwise specified by statute, until the expiration of thirty (30) days from service of the notice upon the Respondent.(2) Answer. The party may respond to the charges set out in the notice by filing a written answer with the Commissioner in which he may:(a) Object to the notice upon the ground that it does not state acts or omissions upon which the Commissioner may proceed.(b) Object to lack of jurisdiction over the subject matter.(c) Object to lack of jurisdiction over the person.(d) Object to insufficiency of the notice.(e) Object to the insufficiency of service of the notice.(f) Object to failure to join an indispensible party.(g) Generally deny all the allegations contained in the notice or state that he is without knowledge to each and every allegation, both of which shall be deemed a general denial of all charges.(h) Admit in part or deny in part allegations in the notice and may elaborate on or explain relevant issues of fact in a manner that will simplify the ultimate issues.(i) Present new matter by way of defense.(j) Make any defense relevant to the issues in the case. (The answer shall be deemed a specific denial of all parts of the answer not expressly admitted.)
(3) Parties may file a Pre-Hearing Motion to Dismiss or other motion of law prior to or at the hearing based on any defense in law. This motion will be addressed to the Commissioner, Hearing Officer, or Administrative Law Judge who will hear the case, and the Commissioner, Hearing Officer or Administrative Law Judge may convene a hearing on this motion giving all parties a reasonable opportunity to argue and present evidence relative to such motion.(4) The Commissioner, Hearing Office, or Administrative Law Judge may in his discretion set reasonable times for the filing of pre-hearing motions of law.(5) Place for Filing. All pleadings, motions and notices for pre-hearing conferences and hearings must be filed with the Administrative Procedures Division, William Snodgrass Tennessee Tower, 312 Eighth Avenue North, 8th Floor, Nashville, TN 37243, when heard by a Hearing Officer provided by the Secretary of State. Where the case is heard by the Commissioner, all pleadings, motions, and notices for pre-hearing conferences must be filed with the Commissioner of Financial Institutions, 414 Union Street, Suite 1000, Nashville, TN 37219.(6) Motion for a More Definite Statement. Within two (2) weeks after service of a notice a party may file with the Commissioner, Hearing Officer or Administrative Law Judge a motion for a more definite statement, pursuant to T.C.A. § 4-5-108(3), on the grounds that the notice is so indefinite or uncertain that he cannot identify the transaction or prepare his defense. The Commissioner, Hearing Officer, or Administrative Law Judge assigned to hear the case may continue the hearing until such time as a more definite statement is provided.(7) Amendment to Notice. (a) Time. The Commissioner or Complainant may amend the notice within two (2) weeks from service of the notice before an answer is filed, unless the Respondent shows to the Commissioner, Hearing Officer, or Administrative Law Judge that undue prejudice will result from this amendment. Otherwise the Commissioner or Complainant may only amend the notice by written consent of the Respondent or by leave of the Commissioner, Hearing Officer, or Administrative Law Judge and leave shall be freely given when justice so requires. No amendment may introduce a new statutory violation without original service and running of times applicable to service of the original notice. The Commissioner, Hearing Officer, or Administrative Law Judge may grant a continuance in consequence of an amendment to enforce this section.(b) Amendments to Conform to the Evidence. When issues not raised by the notice are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the notice as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time; but failure to so amend does not affect the result of the determination of these issues. If evidence is objected to at the hearing on the ground that it is not within the issues in the notice, the Commissioner, Hearing Officer, or Administrative Law Judge may allow the notice to be amended unless the objecting party shows that the admission of such evidence would prejudice his defense. The Commissioner, Hearing Officer, or Administrative Law Judge may grant a continuance to enable the objecting party to have reasonable notice to the amendments.Tenn. Comp. R. & Regs. 0180-06-.06
Original rule filed November 25, 1975; effective December 27, 1975. Amendment filed February 17, 1984; effective May 15, 1984.Authority: T.C.A. § 4-5-113(d); as amended (Public Chapter 216, May 3, 1983).