Section 1500-01-02-.03 - COMMISSION HEARINGS(1) When hearing ordered:(a) Discrimination in Employment Practices and Public Accommodations. Unless the Commission has issued an order of conciliation pursuant to T.C.A. § 4-21-303 it shall, within ninety (90) days of an administrative determination of reasonable cause to believe that discrimination took place, serve on the Respondent by mail or in person a written notice, together with a copy of the complaint as amended and a copy of the letter or determination, requiring the respondent to answer the allegation of the complaint at a hearing before a hearing examiner, or hearing examiners at a time and place designated by the hearing examiner. A copy of the notice shall be furnished to the Complainant and such other persons the Commission deems necessary.(b) Discrimination in Housing Practices. Unless the complaint has been resolved through a conciliation agreement pursuant to T.C.A. § 4-21-303, or if neither the complainant or respondent has elected for a civil action pursuant to T.C.A. § 4-21-312, or if the Commission has not acted upon the complaint pursuant to T.C.A. § 4-21-312, then upon a finding of reasonable cause, the Commission shall commence a hearing in the same manner as subsection (a).(2) Selection of Hearing Examiner. The Commission may in its discretion appoint a person or persons, who it deems qualified to act as a hearing examiner or hearing examiners to preside over the Commission Hearing. The Commission may also elect to request the appointment of an Administrative Law Judge from the Secretary of State Administrative Procedures Division, or employ any other method of selection within the scope of its authority under the Act.(3) Hearing Procedure. All hearings shall be conducted in accordance with the Tennessee Uniform Administrative Procedures Act, T.C.A. § 4-5-101 et seq. (a) Representation at Hearing. At the hearing, Commission attorneys, or any other party as designated by the Commission who is licensed and qualified to practice law in the State of Tennessee, shall endeavor to support the allegations of the complaint and the determination made upon the resolution of the investigation of Commission staff. The complainant or complainants shall become an aggrieved party, or aggrieved parties, in the matter. A respondent, who has filed an answer or whose default in answering has been set aside for good cause shown, may appear at the hearing with or without representation, may examine and cross-examine witnesses and the complainant, and may offer evidence.(b) Commencement of Action and Notice of Appearance and Filing. To commence a hearing, the Commission staff shall file a Notice of Appearance and Filing with the hearing officer. The notice shall include a copy of the complaint, a copy of the Commission's letter of determination, and a Notice of Appearance by the Commission. The notice shall be copied to the Respondent, or Respondent's authorized or registered agent, by mail or in person.(c) Evidence at Hearing. In addition to evidence rules and procedures pursuant to the Uniform Administrative Procedures Act, T.C.A. § 4-5-101 et seq., the following evidentiary rules shall govern the Commission Hearing: 1. Efforts, statements, or offers made in the course of conference, conciliation, and/or persuasion shall not be admissible at a Commission Hearing.2. Testimony taken at a hearing shall be under oath and transcribed pursuant to T.C.A. § 4-21-304.3. In a proceeding under this chapter, production of written, visual communications, advertisement or other form of publication, written inquiry, or record, or other document purporting to have been made by a specific person shall be prima facie evidence that it was authorized by the person.(4) Intervention by Aggrieved Parties. At the discretion of the Commission, the complainant, the complainant's private attorney, or any person, may intervene, examine and/or cross-examine witnesses, and present evidence.(5) Subpoenas. Pursuant to T.C.A. § 4-21-309, upon written application to the commission, a party to a proceeding is entitled as of right to the issuance of subpoenas for deposition or hearing in the name of the Commission. A Commissioner, Commission attorney, or the Executive Director may issue a subpoena or subpoena duces tecum. When a subpoena or subpoena duces tecum is applied for and issued at the request of any party to a hearing or other proceeding, the cost of service, witnesses, and mileage fees, if any, shall be borne by the requesting party. When a subpoena or subpoena duces tecum is initiated and issued by a Commissioner, a Commission attorney, or the Executive Director, the cost of such service, witnesses, and mileage fees, if any, shall be borne by the Commission.(6) Default at Hearing. If the Respondent fails to answer the complaint at the Commission Hearing, the Commission may enter the Respondent's default, except pursuant to T.C.A. § 4-21-304(f).(7) Public hearings. All Commission hearings shall be open to the public.Tenn. Comp. R. & Regs. 1500-01-02-.03
Original rule filed November 15, 2010; effective February 13, 2011.Authority: T.C.A. §§ 4-5-101 et seq.,4-21-304, 4-21-309, and 4-21-312.