Section 0620-04-02-.05 - COMMENCEMENT OF CONTESTED CASE PROCEEDINGS(1) Commencement of Action: a contested case proceeding may be commenced by OIG or public action, by appeal of a person from a OIG action, by request for hearing by an affected person, or by any other lawful procedure.(2) Notice of Hearing: in every contested case, a notice of charges and opportunity for a hearing shall be issued by the OIG, which notice shall comply with Tenn. Code Ann. § 4-5-307(b). Service of the notice of hearing may be effected by any lawful means.(3) Supplemented Notice: in the event it is impractical or impossible to include in one document every element required for notice, elements such as time and place of hearing may be supplemented in later writings. At the discretion of the Inspector General or the Administrative Judge, some requirements of this subsection may be satisfied during the course of prehearing conferences.(4) Filing of Documents: when a contested case is commenced in which an administrative judge from the Administrative Procedures Division will be conducting the proceedings, the OIG shall provide the Administrative Procedures Division with all the papers that make up the notice of hearing and with all pleadings, motions, and objections, formal or otherwise, that have been provided to or generated by the OIG. Legible copies may be filed in lieu of originals.(5) Answer: a party receiving a petition for a contested case hearing in which such party is identified as a respondent shall respond to the charges set out in the notice or other original pleading by filing a written answer with the OIG as set forth in Rule 8.02 of the Tennessee Rules of Civil Procedure, unless otherwise provided in these rules or the Tennessee Rules of Civil Procedure. Failure to timely file an answer to a petition may be adjudicated as set forth in Rule 8.04 of the Tennessee Rules of Civil Procedure.(6) Amendment to Notice: the parties to a contested case hearing may amend and supplement their pleadings in accordance with Rule I5 of the Tennessee Rules of Civil Procedure.Tenn. Comp. R. & Regs. 0620-04-02-.05
Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.