Section 0620-04-02-.11 - DISCOVERY(1) Parties are encouraged where practicable to attempt to achieve any necessary discovery informally, in order to avoid undue expense and delay in the resolution of the matter at hand. When such attempts have failed, or where the complexity of the case is such that informal discovery is not practicable, discovery shall be sought and effectuated in accordance with the Tennessee Rules of Civil Procedure, except as provided in this Rule.(2) Depositions and Production of Documents.(a) Depositions of parties to a contested case hearing commenced under Title 71, Chapters 5 and 6 of the Tennessee Code Annotated shall be taken within the State of Tennessee, at the expense of the party taking the deposition, or as agreed by the parties. The Inspector General or administrative judge may prescribe the time and manner of the taking of the deposition.(b) Production of documents and things and entry upon land for inspection and other purposes. 1. Any party may serve on any other party a request:(i) to produce and/or permit the party making the request, or someone acting on the requesting party's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Tenn. R. Civ. P. 26.02 and which are in the possession, custody or control of the party upon whom the request is served; or(ii) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Tenn. R. Civ. P. 26.02.2. Procedure. A party making a request as set forth in part (2)(b)1. of this Rule may, without leave of the Inspector General or administrative judge, be served upon the petitioner after commencement of the action and upon any other party with or after service of the notice of hearing as provided in Rule 0620-4-2 -.06 upon that party. The request shall set forth the items to be inspected, either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place and manner of making the inspection and performing the related acts. Concerning the production: (i) The party upon whom the request is served shall serve a written response within thirty (30) days after the service of the request, except that a respondent may serve a response within forty-five (45) days after service of the notice of hearing upon that respondent. The Inspector General or administrative judge may allow a shorter or longer time for the written response. The response shall state, with respect to each item or category, that production and/or inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under Tenn. R. Civ. P. 37.01 with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.(ii) A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.(iii) Production of documents for inspection shall be made to the party requesting such documents via personal service, certified return receipt mail or equivalent carrier with a return receipt signed by the party to be affected, overnight or second-day mail by the U.S. Post Office or by a parcel delivery carrier, or by delivering the documents to an agent authorized by appointment or by law to receive service on behalf of the party.(iv) The reasonable cost of production of documents shall be born by the party requesting such documents.(3) Upon motion of party or upon the Inspector General's or administrative judge's own motion, the Inspector General or administrative judge may order that the discovery be completed by a certain date.(4) Production of documents for inspection by the Inspector General shall be made at the offices of the OIG or as agreed upon by the parties.(5) Any motion to compel discovery, motion to quash, motion for protective order, or other discovery-related motion shall:(a) quote verbatim the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the interrogatory, request, subpoena, or excerpt of a deposition which shows the question and objection or response if applicable;(b) state the reason or reasons supporting the motion; and(c) be accompanied by a statement certifying that the moving party or his or her counsel has made a good faith effort to resolve by agreement the issues raised and that agreement has not been achieved. Such effort shall be set forth with particularity in the statement.(6) The Inspector General or the administrative judge shall decide any motion relating to discovery under this rule, the UAPA and/or the Tennessee Rules of Civil Procedure, as applicable.(7) Other than as provided above, discovery materials need not be filed with either the Inspector General or APD.(8) This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land.Tenn. Comp. R. & Regs. 0620-04-02-.11
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.