Hearings

(1) For any hearing before the department or any board or commission administratively attached to the department, the department adopts as procedural rules for the hearing Tenn. Comp. R. & Regs. 1360-04-01, provided that the commissioner, his or her designee, or an administrative law judge over the matter may upon reasonable notice to the parties amend or waive any procedural requirement when necessary, in the interest of equity and expediency of the parties. (2) This rule shall apply to: ADMINISTRATION ACTIONS AND PROCEEDINGS CHAPTER 0080-01-01 (a) Contested case hearings required under the Uniform Administrative Procedures Act; (b) Hearings required under enabling legislation for any license issued by the department; (c) Petitions for declaratory order under T.C.A. § 4-5-223; and, (d) Hearings before a board or commission administratively attached to the department. (3) This rule shall not apply to: (a) Informal reviews among parties for the purpose of exploring informal resolution of a matter; (b) Public hearings held as part of the department’s rulemaking process under the Uniform Administrative Procedures Act; (c) Opportunities for an affected party to explain under the enabling legislation why an administrative action should not proceed; (d) Motions before administratively attached boards and commissions for purposes of conducting business; and, (e) Any other opportunity to be heard before the commissioner not listed in paragraph (2) of this rule, provided that the commissioner may in his or her discretion and upon notice to the parties enlist regulations adopted under paragraph (1) of this rule for the conduct of hearing on any matter.