Section 0800-02-13-.18 - DEFAULT AND UNCONTESTED PROCEEDINGS(1) Default. (a) The failure of a party to attend or participate in a prehearing conference, hearing or other stage of contested case proceedings after due notice thereof is cause for holding such party in default pursuant to T.C.A. § 4-5-309. Failure to comply with any lawful order of the administrative judge, necessary to maintain the orderly conduct of the hearing, may be deemed a failure to participate in a stage of a contested case and thereby be cause for a holding of default.(b) After entering into the record evidence of service of notice to an absent party, a motion may be made to hold the absent party in default and to adjourn the proceedings or continue on an uncontested basis.(c) If the notice is held to be adequate the administrative judge hearing a case shall grant or deny the motion for default, taking into consideration the criteria listed in rule 0800-02-13-.11, where appropriate. Grounds for the granting of a default shall be stated and shall thereafter be set forth in a written order. If a default is granted, the proceedings may then be adjourned or conducted without the participation of the absent party.(d) The administrative judge shall serve upon all parties written notice of entry of default for failure to appear. The defaulting party, no later than ten (10) days after service of such notice of default, may file a motion for reconsideration under T.C.A. § 4-5-317, requesting that the default be set aside for good cause shown, and stating the grounds relied upon. The administrative judge may make any order in regard to such motion as is deemed appropriate, pursuant to T.C.A. § 4-5-317.(2) Effect of Entry Default. (a) Upon entry into the record of the default of the petitioner at a contested case hearing, the penalty assessed shall be sustained as to all issues on which the petitioner bears the burden of proof, unless the proceedings are adjourned.(b) Upon entry into the record of the default of the respondent at a contested case hearing, the matter shall be tried as uncontested as to such respondent, unless the proceedings are adjourned.(3) Uncontested Proceeding. When the matter is tried as uncontested, the petitioner has the burden of proof of establishing its allegations by a preponderance of the evidence presented.Tenn. Comp. R. & Regs. 0800-02-13-.18
New rule filed March 29, 2017; effective 6/27/2017.Authority: T.C.A. §§ 4-5-219, 4-5-309, 50-6-102, 50-6-118, 50-6-125, 50-6-128, 50-6-205, 50-6-233, 50-6-237, 50-6-244, 50-6-411, 50-6-412, and 50-6-801.