Section 1700-03-02-.02 - DEFINITIONS(1) Administrative Judge - An impartial employee of the Treasury Department, who is licensed to practice law and is designated by the Board of Trustees for the Tennessee Consolidated Retirement System to conduct contested case proceedings pursuant to T.C.A. §§ 4-5-301 et. seq., or an administrative judge from the office of the Secretary of State, or if applicable, a substitute shall be appointed in accordance with T.C.A. §§ 4-5-302 and 4-5-314(e).(2) TCRS - The Tennessee Consolidated Retirement System.(3) State Treasurer - Agency Chair.(4) Agency - The Board of Trustees for the Tennessee Consolidated Retirement System.(5) Director - Director of the Division of Retirement of the Department of the Treasury or employee of the Division of Retirement designated by the State Treasurer.(6) Contested Case - A proceeding, including a declaratory proceeding, in which the legal rights, duties or privileges of a party are required by any statute or constitutional provision to be determined by the agency after an opportunity for a hearing.(7) Informal Conference - An "informal conference" is a proceeding held for a lesser appeal. The conference, which is before the director or a Division of Retirement employee designated by the State Treasurer, is one in which the aggrieved individual may present his/her case and show why the TCRS's action or decision should be corrected.(8) Lesser Appeal - If it is determined by the director that an aggrieved individual is not entitled to a contested case proceeding, his/her appeal shall be deemed a "lesser appeal" and shall be reviewed by means of an informal conference.(9) Petitioner - The "petitioner" in a contested case is the "moving" party, i.e., the party who has initiated the proceedings. The petitioner usually bears the ultimate burden of proof and will therefore present his or her proof first at the hearing. In some cases, however, the party who initiated the proceedings will not be the party with the burden on all issues. In such cases, the administrative judge will determine the order of proceedings, taking into account the interests of fairness, simplicity and the speedy and inexpensive determination of the matter at hand.(10) Respondent - The "respondent" in a contested case proceeding is the party who is responding to the charges or other action brought by the "petitioner". The "respondent" is usually the TCRS.Tenn. Comp. R. & Regs. 1700-03-02-.02
Original rule filed August 11, 1988; effective September 25, 1988.Authority: T.C.A. §§ 4-5-219 and 8-34-313; 1988 TN Public Acts, Chapter 973, §11.