Section 1220-01-02-.17 - DEFAULTS - UNOPPOSED CASES(1) Failure of a party to attend or participate in a pre-hearing conference, hearing or other stage of a contested case proceeding, after due notice thereof, shall be cause for finding such party in default, pursuant to T.C.A. § 4-5-309. Failure to comply with an order of the Authority or a Hearing Officer may be deemed a failure to participate in a contested case and, therefore, be cause for finding a party in default.(2)(a) Upon entry into the record of the default of the petitioner at a contested case proceeding, the petition shall be dismissed.(b) Upon entry into the record of the default of a respondent at a contested case proceeding, the matter shall be tried as unopposed relative to such respondent.(3) Where the case is unopposed, the petitioner has the burden of making out a prima facie case, which may be done on the basis of written filings. In order to carry out statutory policies, however, the Authority or Hearing Officer may require further proof.Tenn. Comp. R. & Regs. 1220-01-02-.17
Original rule filed June 30, 2000; effective September 13, 2000.Authority: T.C.A. §§ 4-5-309, 4-5-317, 65-2-102, and 65-2-108.