Section 1240-05-07-.01 - CONTENTS OF REPORT(1) The hearing record shall be maintained for not less than three (3) years.(2) Hearing decisions are accessible to the public for inspection and copying, subject to the requirements of safeguarding case information and to the deletion of any portions that are confidential under any provision of law.(3) The hearing record shall be available to the appellant or his/her representative at any reasonable time. The record shall include: (a) All pleadings, motions, and intermediate rulings;(c) A summary of the oral testimony plus all other evidence received or considered, stipulations, and admissions;(d) A statement of matters officially noticed;(e) Questions and offers of proof, objections, and rulings thereon;(f) Findings and conclusions;(g) The tape recording, stenographic notes or symbols, or transcript of the hearing;(h) Any Final Order, Initial Order, or Order on reconsideration;(i) All staff memoranda or data submitted to the hearing official or members of the agency in connection with their consideration of the case; and(j) Matters placed on the record after an ex parte communication.Tenn. Comp. R. & Regs. 1240-05-07-.01
Original rule filed January 19, 1977; effective February 18, 1977. Amendment filed December 17, 1982; effective March 16, 1983. Amendment filed February 26, 2007; effective May 12, 2007.Authority: T.C.A. §§ 4-5-202, 4-5-319, 4-5-218(a)-(d), 71-1-105(12) and 71-1-111; 7 C.F.R. § 273.15(q)(1) and (5); 42 C.F.R. § 431.244(g) and 45 C.F.R. § 205.10(a)(14) and (19) .