Section 0620-04-02-.14 - ORDER OF PROCEEDINGS(1) This shall be the order of proceedings for the hearing of contested cases when an administrative judge is hearing a case with the Inspector General: (a) Administrative judge may confer with the parties prior to a hearing to explain the order of proceedings, admissibility of evidence, number of witnesses and other matters.(b) Hearing is called to order by the administrative judge.(c) Administrative judge introduces self and gives a very brief statement of the nature of the proceedings, including a statement of the administrative judge's role of making legal rulings.(d) Administrative judge introduces the Inspector General and states that the final decision in the proceedings will be made by the Inspector General alone, after being charged on the law by the administrative judge.(e) Administrative judge then calls on the respondent to ask if the respondent is represented by counsel, and if so, counsel is introduced. The administrative judge then introduces the petitioner's counsel and any other officials who may be present at the hearing.(f) The administrative judge states what documents the record contains.(g) In appropriate cases, the petitioner reads the charges as set out in the notice with regard to the respondent, while giving references to the appropriate statutes and rules.(h) In appropriate cases, the respondent is asked how he or she pleads to the charges; if he or she admits the charges, no further proof may be necessary, other than introduction of evidence pertaining to the proper penalty, if appropriate. If he or she denies the charges or fails to admit them, the hearing proceeds.(i) The administrative judge swears the witnesses.(j) The parties are asked whether they wish to have all witnesses excluded from the hearing room except during their testimony. If so, all witnesses are instructed not to discuss the case during the pendency of the proceeding. Notwithstanding the exclusion of the witnesses, individual parties will be permitted to stay in the hearing room, and the state or any other party that is a corporation or other artificial person may have one appropriate individual, who may also be a witness, act as its party representative.(k) Any preliminary motions, stipulations, or agreed orders are entertained.(l) Opening statements are allowed by both the petitioner and the respondent.(m) Moving party (movant-usually petitioner) calls witnesses and questioning proceeds as follows:2. non-movant cross-examines;4. non-movant re-cross-examines;5. Inspector General questions; and6. Further questions by petitioner and respondent.(n) Other party (usually the Respondent) calls witnesses and questioning proceeds as follows:1.(Respondent) other party questions.
2.(Petitioner) moving party cross-examines.
3.(Respondent) other party redirects.
4.(Petitioner) moving party re-cross-examines.
5. Inspector General questions.6. Further questions by respondent and petitioner.(o) Petitioner and respondent allowed to call appropriate rebuttal and rejoinder witnesses with examination proceeding as outlined above.(p) Closing arguments are allowed to be presented by the petitioner and by the respondent.(q) The administrative judge prepares to turn proceedings over to the Inspector General by charging the Inspector General as to the applicable law, requisites of the final order , and other pertinent matters. The administrative judge will take no part in any finding of fact or conclusion of law by the Inspector General.(r) The administrative judge then turns the proceedings over to the Inspector General for deliberation and the decision.(s) The Inspector General deliberates in public and reaches a decision which is communicated to the parties or takes the case under advisement and schedules public deliberations for a later time.(2) The order of proceedings for the hearing of contested cases when an administrative judge is hearing the case alone is identical to the procedure outlined in paragraph (1) with the exception that the Inspector General is not present to participate. The parties are informed that an Initial Order will be written and sent to the parties and that the Initial Order will inform the parties of their appeal rights.(3) Paragraphs (1) and (2) of this rule are intended to be merely a general outline as to the conduct of a contested case proceeding and it is not intended that a departure from the literal form or substance of this outline, in order to expedite or ensure the fairness of proceedings, would be in violation of this rule.Tenn. Comp. R. & Regs. 0620-04-02-.14
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.