Hearings

(1) Order of Proceeding. The party who requests a hearing should proceed first at the hearing unless the Commissioner determines otherwise. (2) Burden of Proof. The party who requests a hearing shall have the burden of proof. (3) Judicial Notice. Judicial notice may be taken of any material fact not appearing in evidence in the record. The parties shall be given adequate notice at the hearing or of matters so noticed in the Commissioner’s decision. If a request is made, the party is entitled to an opportunity to be heard as to the propriety of taking judicial notice. (4) Pursuant to T.C.A. §50-3-106(3), affected employees shall be given an opportunity to participate in the hearing. Whenever an affected employee expresses a desire to participate, the Commissioner shall determine the manner in which such participation is to take place. In making such determination, the Commissioner shall consider how such participation can most effectively put forward the interests of such employee as well as the need for expeditious conduct at the proceedings. (5) Transcripts. Hearings shall be stenographically or electronically recorded. Copies of the transcript may be obtained by the parties upon written application filed with the reporter, and upon the payment of fees at the rate provided in the agreement with the reporter.