Section 0600-01-.13 - HEARINGS BEFORE COMMISSION(1) An administrative judge assigned by the Executive Secretary and licensed to practice law in the state of Tennessee shall conduct and preside at the hearing of any contested case before the Commission. The administrative judge shall have all of the powers and duties in that capacity which are enumerated in the Uniform Administrative Procedures Act (Tenn. Code Ann. section 4-5-101 et seq.) and the Uniform Rules of Procedure for Hearing Contested Cases Before State Administrative Agencies.(2) Insofar as a party takes exception to an initial order in an appeal, that party shall have the burden of proof in the hearing of the matter before the Commission. The hearing shall be based on the existing record except that additional proof may be taken in cases involving alleged irregularities in procedure that are not shown in the record.(3) Not less than twenty-one (21) days prior to the scheduled hearing date, the parties shall exchange by Mail, electronic mail or personal delivery copies of all briefs and documents or exhibits they intend to present at the hearing; provided, however, that this requirement does not include:(c) Records concerning the property under appeal (e.g., property record cards) which are available for public inspection in the assessor's office. Any document or exhibit which is not timely furnished in accordance with paragraph (1) of this rule may be excluded from the record. This subsection shall not apply to whatever extent it may conflict with the terms of a discovery order, pre-hearing conference order, or notice of hearing entered by the administrative judge in the case.
(4) A record of the hearing of any appeal before the Commission will be made by digital recording. Any party may, at its own expense, procure a court reporter to record the oral proceedings or a written transcript of the digital recording.Tenn. Comp. R. & Regs. 0600-01-.13
Original rule certified June 7, 1974. Repeal filed and effective July 1, 1984. New rule filed June 30, 2000; effective September 12, 2000. Amendments filed February 21, 2018; effective 5/22/2018.Authority: T.C.A. § 67-1-305.