Section 1360-04-01-.16 - REQUESTS FOR COSTS(1) In cases heard by administrative judges from the Administrative Procedures Division, sitting alone, whenever a statute allows for the recovery of costs or attorney's fees, the moving party shall file a motion for the actual and reasonable costs and attorney's fees incurred in order to recover such costs and fees. These may include, but are not limited to, the costs associated with the Administrative Procedures Division for docketing, filing, judges, and other costs; cost for all depositions, court reporters, and transcriptions; costs incurred and assessed for the time of the prosecuting attorneys, investigators, expert witnesses, and such other persons involved in the investigation, prosecution, and hearing of the contested matter as well as the time rendered for each service.(2) The motion shall be accompanied by an affidavit of the attorney setting forth an itemized statement of the services rendered, the time involved, a suggestion of the fee to be awarded, and with a statement of other pertinent facts including, but not limited to, that required by Tennessee Supreme Court Rule 8, Rules of Professional Conduct 1.5, applicable case law, and such other information as may be requested by the administrative judge.(3) To the extent the motion seeks to recover costs associated with the Administrative Procedures Division, the moving party may request that the Administrative Procedures Division provide a bill of costs. The bill of costs shall be attached to the motion as an exhibit, and those costs shall be allowed to the movant unless the administrative judge otherwise directs.(4) The non-moving party may contest any costs or attorney's fees requested by filing a written response to the motion. If the motion is not contested, the awardable amount remains subject to the administrative judge's discretion regarding accuracy and reasonableness. Such motions shall otherwise be governed by Rule 1360-04-01-.09.Tenn. Comp. R. & Regs. 1360-04-01-.16
New rule filed January 8, 2024; effective 4/7/2024.Authority: T.C.A. §§ 4-5-219 and 4-5-321.