Section 0620-04-02-.06 - SERVICE OF NOTICE OF HEARING(1) In any case in which a party has requested a hearing from the OIG and provided the OIG with an address, a copy of the notice of hearing shall, within a reasonable time before the hearing, be delivered to the party to be affected at the address provided, by certified or registered mail, personal service, or by service by the methods set forth in paragraphs (2) and (3) of this rule.(2) Except as provided in paragraph (3) below, service of the notice of charges and opportunity for a hearing shall be proven by any of the following methods:(a) personal service with return of a statement indicating the time and place of service by a person who made the personal service;(b) certified return receipt mail or equivalent carrier with a return receipt signed by the party to be affected;(c) proof of delivery of overnight or second-day mail by the U.S. Post Office or by a parcel delivery carrier, regardless of whether the recipient of such mail signed a receipt for delivery of overnight or second-day mail; or(d) delivery to an agent authorized by appointment or by law to receive service on behalf of the individual served, or by any other method allowed by law in judicial proceedings.(3) When service of a summons, process or notice is provided for or permitted by registered, or certified mail or through a private delivery service under the laws of Tennessee and the addressee or the addressee's agent refuses to accept delivery and it is so stated in the return receipt or notice of delivery, the written return receipt or notice of delivery, if returned and filed in the action, shall be deemed an actual and valid service of the notice of charges and opportunity for a hearing or of any other pleadings, letters, motions or orders. Service by mail is complete upon mailing. For purposes of this Chapter, a notation by the mail carrier or delivery service that a properly addressed registered, certified, or privately delivered mailing is "unclaimed" or other similar notation is sufficient evidence of the respondent's refusal to accept delivery.(4) The methods of service authorized pursuant to paragraphs (1) through (3) of this rule shall apply only to the initial notice of hearing required to be filed pursuant to rule 0620-4-2-.05(2) which is intended by the OIG to memorialize the commencement of a contested case proceeding as described by rule 0620-4-2-.05. All other documents including, but not limited to, supplemented notice pursuant to rule 0620-4-2-.05, and notices of continuances that are ordered or required by statute or rule to be served during the course of the resulting contested case proceeding shall not be required to be served by return receipt mail or its equivalent, or by personal service.Tenn. Comp. R. & Regs. 0620-04-02-.06
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. §§ 4-5-209, 4-5-219, 71-5-2518, and 71-5-2604.