Section 1230-01-02-.07 - PROCEEDINGS BEFORE A HEARING OFFICER(1) In any contested case brought under the Act and these rules, the Hearing Officer or Executive Committee may, on his or her own motion or on motion of any party, enter an order, pursuant to T.C.A. § 4-5-306, directing counsel for the parties and any unrepresented parties to appear for a conference or conferences prior to the hearing on the merits to consider: (a) The simplification of issues for the hearing on the merits;(b) The necessity or desirability of any amendments to filings;(c) The possibility of obtaining stipulations, admissions of fact, and admissions of documents which may avoid unnecessary duplication of proof;(d) The disposition of any pending motions;(e) The steps which may be taken to expedite the disposition of the case or to facilitate settlement of the case, or any part of the case; and,(f) Such other matters as may facilitate the just, efficient and economical disposition of the case including alternative resolution.(2) At least one of the counsel or other representative for each party participating in the pre-hearing conference shall have authority to enter stipulations, make admissions, or enter agreements with respect to any matters which the parties may reasonably anticipate may be considered.(3) The Hearing Officer shall enter an order which states the actions taken and all decisions made at the pre-hearing conference, and such order shall control the subsequent course of the case, unless modified by subsequent order.(4) In the discretion of the Hearing Officer, all or part of the pre-hearing conference may be conducted by electronic means, provided that each participant in the conference shall have an opportunity to hear and to participate in the proceeding while it is taking place.(5) In the absence of a pre-hearing conference, the Hearing Officer may issue a pre-hearing order based upon the filings to regulate the conduct of the proceedings.Tenn. Comp. R. & Regs. 1230-01-02-.07
New rules filed June 8, 2021; effective 9/6/2021.Authority: T.C.A. §§ 4-5-306, 65-31-115, and 65-31-116.
.