Section 0620-04-02-.09 - PREHEARING CONFERENCES; MOTIONS(1) Scope: This rule applies to all motions made prior to a hearing on the merits of a contested case, except that discovery-related motions shall not be subject to Interlocutory Review by an agency under this rule. This rule does not preclude the administrative judge from convening a hearing or converting a prehearing conference to a hearing at any time pursuant to Tenn. Code Ann. § 4-5-306(b) to consider any question of law.(2) Motions: Parties to a contested case are encouraged to resolve matters on an informal basis; however, if efforts at informal resolutions fail, any party may request relief in the form of a motion by serving a copy on all parties and, if an administrative judge is conducting the contested case, by filing the motion with APD. Any such motion shall set forth a request for all relief sought, and shall set forth grounds which entitle the moving party to relief.(3) Time Limits; Argument - A party may request oral argument on a motion; however, a brief memorandum of law submitted with the motion is preferable to oral argument. Each opposing party may file a written response to a motion, provided the response is filed within fifteen (15) days of the date the motion was filed. A motion shall be considered submitted for disposition fifteen (15) days after it was filed, unless oral argument is granted, or unless a longer or shorter time is set by the Inspector General or administrative judge.(4) Oral Argument - If oral argument is requested, the motion may be argued by conference telephone call.(5) Affidavits; Briefs and Supporting Statements.(a) Motions and responses thereto shall be accompanied by all supporting affidavits and briefs or supporting statements. All motions and responses thereto shall be supported by affidavits for facts relied upon which are not of record or which are not the subject of official notice. Such affidavits shall set forth only facts which are admissible in evidence under Tenn. Code Ann. § 4-5-313, and to which the affiants are competent to testify. Properly verified copies of all papers or parts of papers referred to in such affidavits may be attached thereto.(b) In the discretion of the administrative judge or Inspector General, a party or parties may be required to submit briefs or supporting statements pursuant to a schedule established by the administrative judge.(6) Disposition of Motions; Drafting the Order.(a) When a prehearing motion has been made in writing or orally, the administrative judge shall render a decision on the motion by issuing an order or by instructing the prevailing party to prepare and submit an order in accordance with (b) below.(b) The prevailing party on any motion shall draft an appropriate order, unless waived by the administrative judge. This order shall be submitted to the administrative judge within five (5) days of the ruling on the motion, or as otherwise ordered by the administrative judge.(c) The administrative judge after signing any order shall cause the order to be served forthwith upon the parties.(7) Interlocutory Review Prior to Hearing.(a) Any party who wishes to seek interlocutory review by the Inspector General of an administrative judge's decision on a preliminary matter shall make application to the administrative judge for permission to seek such review.(b) If the administrative judge determines that interlocutory review is appropriate, an order may be entered specifying the procedures for obtaining such review. The administrative judge may in such order set a specific time period, at the conclusion of which the requested review shall be deemed to have been denied by the OIG if no action has been taken by the Inspector General to decide the matter or extend the time for action.(c) If no specific time period is set, the matter may be set for consideration by the Inspector General at a time certain.(d) Nothing in this Rule shall preclude the right to seek interlocutory judicial review under Tenn. Code Ann. § 4-5-322(a).(e) It is the intent of this Rule that interlocutory review by the Inspector General not be granted where to do so would significantly delay the resolution of the proceedings, unless the administrative judge deems the issue to be one on which the Inspector General's determination is particularly appropriate for policy or other reasons.Tenn. Comp. R. & Regs. 0620-04-02-.09
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.