Section 34 - Additional Rules of Procedure

As amended through November 4, 2024
Section 34 - Additional Rules of Procedure
34.1.
(a) The Board Chair may authorize the preparation of all or any portion of the transcript of a hearing upon a written request from the hearing panel stating the need therefore. If request is made by the hearing panel for only a portion of the transcript, either Disciplinary Counsel or the respondent or petitioning attorney may request in writing from the Chair authorization for transcription of any other portion of the hearing for completeness. Each party shall pay for that portion of the transcript which the respective party requests.
(b) It is the responsibility of the party seeking review of the hearing panel's decision to procure and file the transcript of the hearing. However, if there is no appeal from the judgment of the hearing panel, the hearing shall not be transcribed unless requested by one of the parties, which party shall pay the expense of transcription. The court reporter shall preserve the record of the proceedings until the time for appeal has expired.
34.2. Except as is otherwise provided in this Rule, time is directory and not jurisdictional. Time limitations are administrative, not jurisdictional. Failure to observe such directory time intervals may result in contempt of the agency having jurisdiction but will not justify abatement of any disciplinary investigation or proceeding.
34.3.
(a) Except as otherwise provided in this Rule, the Tennessee Rules of Civil Procedure and the Tennessee Rules of Evidence apply in disciplinary case proceedings before a hearing panel, the Board, or a panel. Tennessee Rule of Civil Procedure 69.04 also applies to motions to extend judgments entered in disciplinary case proceedings.
(b) Regardless of the forum in which the proceeding is pending, Disciplinary Counsel's work product shall not be required to be produced, nor shall a member of the hearing panel or the Board, the Chief Disciplinary Counsel, or the staff be subject to deposition, including Tenn. R. Civ. P. 30.02(6) depositions, or compelled to give testimony, unless ordered by the trial court upon a showing by the requesting party of substantial need and an inability to obtain substantially equivalent materials by other means without undue hardship during an appeal pursuant to Section 33.
Amended by order filed and effective 8/24/2021.