Section 1200-13-19-.15 - ORDER OF PROCEEDINGS(1) Hearings of contested cases, including reconsideration hearings, will be conducted as follows:(a) The 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) The hearing is called to order by the Administrative Judge.(c) The Administrative Judge introduces himself and gives a very brief statement of the nature of the proceedings, including a statement of his role in making factual and legal rulings.(d) The Administrative Judge then calls on the petitioner to ask if the petitioner is represented by counsel, and if so, counsel is introduced. The Administrative Judge then introduces the respondent's counsel and any other officials who may be present at the hearing.(e) The Administrative Judge states what documents the record contains.(f) The Administrative Judge swears the witnesses.(g) 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 and asked to leave the hearing room. Individual parties are permitted to stay in the hearing room, and the State may have one appropriate individual, who may also be a witness, act as its party representative.(h) Any preliminary motions, stipulations, or agreed orders are heard by the Administrative Judge.(i) Opening statements are allowed by both parties.(j) The petitioner, as the moving party, has the burden of proof, calls the first witness and questioning proceeds as follows:1. Moving party questions.3. Moving party redirects.4. State re-cross-examines.5. Administrative Judge may ask questions.6. Further questions by parties as long as necessary to provide all pertinent testimony.(k) State calls witnesses and questioning proceeds as follows:2. Moving party cross-examines.4. Moving party re-cross-examines.5. Administrative Judge may ask questions.6. Further questions by parties as long as necessary to provide all pertinent testimony.(l) The moving party and the other party are allowed to call appropriate rebuttal and rejoinder witnesses with examination proceeding as outlined above.(m) Closing arguments are allowed to be presented by both parties.(n) The Administrative Judge announces the decision or takes the case under advisement.(2) 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 a general outline for the conduct of a contested case proceeding. A departure from the literal form or substance of this outline, in order to expedite or ensure the fairness of proceedings, is not a violation of this rule.Tenn. Comp. R. & Regs. 1200-13-19-.15
Adopted effective May 6, 2015.Authority: T.C.A. §§ 4-5-208, 71-5-105 and 71-5-112; 42 U.S.C. §§ 1396 a(a)(3), (5), (8); 42 C.F.R. 431 Subpart E and 42 C.F.R. § 435.912.