Section 0800-02-22-.03 - JUDICIAL ECONOMY; REPRESENTATION; SIGNING OF PAPERS; RECUSAL; PROHIBITION OF EX PARTE COMMUNICATIONS; SUSPENSION OF RULES(1) The appeals board may, in an effort to secure a just and speedy determination of matters on appeal and with the concurrence of all judges, decide an appeal by an abbreviated order or by memorandum opinion, whichever the appeals board deems appropriate, in cases that are not legally and/or factually novel or complex.(2) In circumstances where a party timely files a notice of appeal of an order addressing a motion for a continuance of a hearing, an order addressing a motion to amend a scheduling order, or an order entering a scheduling order, a party may file a motion asking the appeals board to shorten or suspend any or all appeal deadlines and summarily act on the appeal through an abbreviated order as provided in these rules.(3) In any appeal pending before the appeals board, any party may be represented by a Tennessee licensed attorney in good standing. An attorney licensed outside of Tennessee may apply for admission pro hac vice in accordance with Tennessee Supreme Court Rule 19. Any party that is a natural person may represent himself or herself in any proceeding before the appeals board. Any corporation or other artificial person must be represented by counsel in all proceedings before the appeals board. Any substitution or withdrawal of any attorney shall comply with Chapter 0800-02-21.(4) In cases where an attorney has entered an appearance on behalf of one or more parties, representation continues during the pendency of any appeal unless the appeals board, upon the filing of a motion to withdraw and a showing of good cause, grants a motion to withdraw. (a) An attorney seeking to withdraw during the pendency of an appeal must file a motion with the appeals board showing good cause for the withdrawal and provide notice of the motion to withdraw to all the parties. An affidavit from the attorney must accompany the motion and contain the party's last-known mailing address, email address, telephone number, and a declaration that the attorney notified the represented party of both the effects of the attorney's withdrawal from the case and any appeal deadlines and/or scheduled arguments.(b) Any party, including the party whose attorney is seeking to withdraw, shall have ten (10) business days after the filing of the motion to file any objections or responses thereto.(c) If the appeals board grants the motion to withdraw, the appeal shall be held in abeyance and the unrepresented party shall have fifteen (15) business days to retain new counsel or indicate in writing to the appeals board that no counsel will be retained. If no counsel enters an appearance within the fifteen (15) business day period, the appeal will proceed in due course.(5) Any brief, motion, or other writing submitted on behalf of a party to the appeals board must be signed by an attorney who has entered an appearance in the case for such a party or by a self-represented individual in accordance with these rules. Any joint motion submitted to the appeals board involving a self-represented party must be signed by the self-represented party. An attorney may not sign an unrepresented party's name "by permission."(6) Attorneys and/or parties are prohibited from ex parte communications with any appeals board personnel in any manner during the pendency of an appeal concerning or relating to the appeal. An appeal is pending from the date the notice of appeals is filed until the time a subsequent final order or judgment is entered in the case, or time for appeal of any subsequent final order or judgment has expired, whichever is later.(7) Any party seeking recusal of an appeals board judge shall do so as soon as practicable by written motion supported by an affidavit under oath or a declaration made under penalty of perjury on personal knowledge and by other appropriate materials. The motion shall state, with specificity, all factual and legal grounds supporting disqualification of the judge and shall affirmatively state that it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.(a) Upon the filing of a motion seeking recusal, the judge in question shall act promptly by written order and either grant or deny the motion.(b) If the motion is denied, the judge shall state in the order the grounds upon which he or she denies the motion.(8) If substitution of a party is necessary due to death or other reason following the filing of the notice of appeal, a motion for substitution may be made by any party or by the successor or representative of any such deceased party. If a party entitled to appeal should die before filing a notice of appeal, a notice of appeal may be filed and served by the deceased party's personal representative or, if there is no such personal representative, by the deceased party's counsel of record. After the notice of appeal is filed, substitution shall be made in accordance with this section.(9) Other than any requirements related to the filing of a notice of appeal, the appeals board may in its discretion suspend the rules set forth in this chapter in extraordinary circumstances when equity and justice so require.Tenn. Comp. R. & Regs. 0800-02-22-.03
Original rule filed April 1, 2014; effective June 30, 2014. Repeal and new rule filed June 22, 2015; effective September 20, 2015. Amendments filed November 7, 2017; effective February 5, 2018. Amendments filed July 14, 2020; effective October 12, 2020. Amendments filed September 22, 2023; effective 12/21/2023.Authority: T.C.A. §§ 4-3-1409, 50-6-217, 50-6-225, 50-6-233, and 50-6-237.