Section 1350-02-.05 - HEARING PROCEDURES FOLLOWING NOTICE OF PROPOSED REVOCATION, SUSPENSION, NONRENEWAL, FINE, OR CIVIL PENALTY(1) All hearings conducted under this subsection shall be conducted by the Council. The Council may appoint an administrative judge or hearing officer to preside at the hearing, rule on questions of the admissibility of evidence, swear witnesses, advise the Council on the law of the case, and ensure that the proceedings are carried out in accordance with the law. The contested case provisions of the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301, et seq. apply to the extent that they do not conflict with the specific provisions of these Rules.(2) A hearing shall be conducted no later than one hundred eighty (180) days following receipt of a request for hearing given in accordance with the provisions of this Chapter. A notice setting forth the time, date, and location of the hearing and the right to be represented by counsel will be sent to the party or parties requesting such hearing at least thirty (30) days before the date set for such hearing. The notice shall also include a statement of the legal authority and jurisdiction under which the hearing is to be held, including reference to the particular sections of the statutes and Rules involved. The Council or ALJ may, upon good cause being shown or by agreement of the parties, continue the hearing to a later date.(3) In connection with a hearing, the Council or administrative law judge may: (a) Conduct the hearing in an informal manner without formal rules of evidence or procedure;(b) Request that the Executive Director, or administrative law judge hold pre-hearing conferences to: 1. Settle, simplify, or identify the issues involved in the hearing; or2. Consider other matters that may aid in the expeditious disposition of the hearing;(c) Require each complaining party to state, either orally or in writing, its position concerning the various issues involved in the hearing;(d) Require each complaining party to produce for examination those relevant witnesses and documents under its control;(e) Rule on motions and other procedural items pending before the Council, including, without limitation, the methods, scope, and extent of discovery available to any party;(f) Regulate the course of the hearing and conduct of the participants, including the imposition of reasonable time limits;(g) Establish time limits for submission of motions or memoranda;(h) Take official notice of any material fact not appearing in evidence in the record, if the fact is among the traditional matters of judicial notice;(i) Administer oaths or affirmations; and(j) Issue subpoenas to compel the attendance of witnesses and production of relevant documents.(4) Any party may request that the hearing be conducted before a court reporter. Such request must be in writing and include an agreement by the requesting party that it shall pay for, or that it shall procure at its own cost and on its own initiative, the court reporting services for such hearing. To be made part of the record, the original transcript of any such proceedings shall be submitted to the Council as soon as the transcript is available, but not later than twenty (20) business days after the hearing.(5) The Council shall provide a written decision containing the Council's ruling. If a License or Registration is revoked, suspended, or not renewed by the Council, the Council shall state the term of the imposed discipline, and may prescribe conditions for reinstatement of the License or Registration. Such decision must be made within the later to occur of (i) thirty (30) days after the conclusion of the hearing or (ii) thirty (30) days after receiving an original transcript of the hearing pursuant to the preceding paragraph. A copy of the decision must be sent by certified mail, return receipt requested, or delivered by a national courier service to the party who requested the hearing. The party is presumed to have received such decision from the Council on the fifth (5th) business day following the date such decision was sent to the last known address of such party.Tenn. Comp. R. & Regs. 1350-02-.05
Emergency rules filed December 22, 2021 to become effective January 1, 2022; effective through June 30, 2022. New rules filed March 22, 2022; effective June 20, 2022. Amendments filed September 15, 2023; effective 12/14/2023.Authority: T.C.A. §§ 4-49-105, 4-49-106, 4-49-115, 4-49-126, 4-49-127, 4-49-128, and 4-49-129.