Section 1200-13-19-.17 - EVIDENCEThe Administrative Judge will consider the information used to determine the applicant's eligibility as well as additional relevant information presented as evidence during the course of the appeal. The standard for admissibility of evidence is set out at T.C.A. § 4-5-313.
(1) The testimony of witnesses will be taken in open hearings, except that witnesses may be excluded from the hearing prior to their testimony.(2) The Administrative Judge will admit and give probative effect to evidence admissible in a court. When necessary to establish facts not reasonably susceptible to proof under the rules of court, evidence may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Administrative Judge will give effect to the rules of privilege recognized by law and to state or federal statutes or regulations protecting the confidentiality of certain records and will exclude evidence which in his judgment is irrelevant, immaterial or unduly repetitious.(3) Documentary evidence otherwise admissible may be received in the form of copies or excerpts, or by incorporation by reference to material already on file with the Agency. Upon request, parties will be given an opportunity to compare the copy with the original, if reasonably available.(4) Official notice may be taken of: (a) Any fact that could be judicially noticed in the courts of Tennessee;(b) The record of other proceedings before the Agency;(c) Technical or scientific matters within the Administrative Judge's specialized knowledge; and(d) Codes or standards that have been adopted by an agency of the United States, of Tennessee or of another state, or by a nationally recognized organization or association. Parties will be notified before or during the hearing, or before the issuance of any Initial or Final Order that is based in whole or in part on facts or material noticed, of the specific facts or material noticed and the source, including any staff memoranda and data, and be given an opportunity to contest and rebut the facts or material so noticed.(5) Every party has the right to present evidence, to make arguments, and to confront and cross-examine witnesses.(6) Any party intending to introduce an affidavit into evidence must deliver a copy of the affidavit along with the notice described below to the opposing party at least ten (10) days prior to a hearing or a continued hearing. The opposing party has seven (7) days after delivery of the affidavit to deliver to the proponent a request to cross-examine the affiant or the right to cross-examination is waived and the affidavit, if introduced in evidence, will be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not provided after a proper request is made, the affidavit will not be admitted into evidence. Delivery means actual receipt, for purposes of this paragraph. The Administrative Judge may admit affidavits not submitted in compliance with this paragraph where necessary to prevent injustice.(7) The notice required to accompany an affidavit must contain the following information and be substantially in the following form: The accompanying affidavit of __________ (here insert name of affiant) will be introduced as evidence at the hearing in __________ (here insert title of proceeding).
__________ (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question such affiant unless you notify __________ (here insert name of the proponent or the proponent's attorney) at __________ (here insert address) that you wish to cross-examine such affiant. To be effective, your request must be mailed or delivered to __________ (here insert name of proponent or the proponent's attorney) on or before __________ (here insert a date seven (7) days after the date of mailing or delivering the affidavit to the opposing party).
Tenn. Comp. R. & Regs. 1200-13-19-.17
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.