Section 0240-07-08-.04 - SELECTION OF ADMINISTRATIVE JUDGE, HEARING OFFICER, OR HEARING COMMITTEE(1) The President shall determine, in his/her discretion, whether the hearing shall be held before an administrative judge appointed by the Administrative Procedures Division of the Office of the Secretary of State, a hearing officer, or a hearing committee.(2) The following individuals may serve as administrative judges/hearing officers:(a) A person licensed to practice law who is not employed as an attorney for the University;(b) A former state, county, or municipal judge or former federal judge or magistrate;(c) An employee of the University who has been trained to conduct contested cases, but who does not provide legal representation to the University;(d) An employee of another public institution of higher education who has been trained to conduct contested cases; or,(e) An administrative judge employed by the Office of the Secretary of State pursuant to T.C.A. § 4-5-301(d) to hear contested cases.(3) A hearing committee may be appointed by the President from the administrative, professional staff, and/or appropriate employees or students at MTSU. The person appointed by the President as administrative judge/hearing officer shall be deemed to be the chair of the hearing committee for purposes of presiding at the hearing.(4) For matters involving sexual assault, dating violence, domestic violence, or stalking, the administrative judge/hearing officer/hearing committee members shall complete training that satisfies the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) , the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. § 1092(f)) , and the federal regulations implementing those statutes, as amended. This training must take place no earlier than twelve (12) months prior to hearing the contested case.Tenn. Comp. R. & Regs. 0240-07-08-.04
New rules filed February 8, 2022; effective 5/9/2022.Authority: T.C.A. §§ 49-7-167, 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).