Contested Cases Before Administrative Judges Sitting Alone

(1) With the exception of declaratory orders referenced below, all petitions for a contested case hearing shall routinely be referred to the Administrative Procedures Division, Department of State for hearing by an Administrative Judge sitting alone on behalf of the Commission. The Commission retains the right, however, to hear any particular contested case on its own behalf. (2) In all cases, whether heard by an Administrative Judge sitting alone, or by the full Commission, the petitioner and other parties with the exception of the Commission shall bear the cost for all court reporters and transcriptions, and charges billed to the Commission for the Administrative Judge’s work/time; in a contested case where the petition is dismissed, whether voluntarily or involuntarily, the petitioning party or parties shall be considered a “losing party” under T.C.A. § 68-11-1610. The original transcript and one copy of the transcript for each member of the Commission shall be provided to the Commission by the other parties, if the case is to be reviewed by the full Commission. RULES OF PROCEDURE FOR HEARING CONTESTED CASES CHAPTER 0720-13 (3) Unless agreed otherwise by the parties, at the beginning of all contested case hearings, Commission counsel shall provide a summary of what the case is about, description of the project, and introduce into evidence the application, the reviewing agency’s report (for applications considered by the Commission prior to October 1, 2021) or staff report (for applications submitted on or after October 1, 2021), the staff summary, and the minutes of the Commission reflecting the action that was taken before the Commission. In no event shall this provision mean that the Commission is a neutral party in contested cases, or that its counsel represents the interests of any party other than the Commission. (4) In all cases, whether heard by an Administrative Judge sitting alone, or by the full Commission, the party petitioning for such hearing shall present its case first, unless the parties agree otherwise.