Commencement Of Contested Case Proceedings

(1) Commencement of Action. A contested case proceeding in the Bureau may be commenced by filing a Request for Contested Case Hearing to appeal an Initial Agency Decision by an affected person. (2) Notice of Hearing. In every contested case, a notice of hearing shall be issued by the Bureau, which notice shall comply with T.C.A. § 4-5-307(b). The requirement of providing a short and plain statement of the matters asserted may be satisfied with a copy of the Initial Agency Decision having been previously furnished to the affected person prior to the Bureau’s receipt of the Request for Contested Case Hearing. (3) Supplemented Notice. In the event it is impractical or impossible to include in one document every element required for notice, elements such as time and place of hearing may be supplemented in later writings. Requirements of notice may be satisfied during the course of prehearing conferences. (4) Filing of Documents. When a contested case is commenced in which an administrative judge will be conducting the proceedings, the Administrative Hearing Clerk will provide the administrative judge with all the papers that make up the notice of hearing and with all pleadings, motions, and objections, formal or otherwise, that have been filed w i t h or generated by the Bureau. Legible copies may be filed in lieu of originals. (5) Answer. The party may respond to the assessment set out in the notice by filing a written answer with the Administrative Hearing Clerk in which the party may: (a) Object to the assessment upon the ground that it does not state acts or omissions upon which the Bureau may proceed. (b) Object on the basis of lack of jurisdiction over the subject matter. (c) Object on the basis of lack of jurisdiction over the person. PROCEDURES FOR PENALTY ASSESSMENTS AND HEARING CHAPTER 0800-02-13 CONTESTED CASES (d) Object on the basis of insufficiency of the notice preceding the assessment. (e) Object on the basis of insufficiency of service of the assessment. (f) Object on the basis of failure to join an indispensable party. (g) Generally deny all the allegations contained in the assessment or state that he is without knowledge to each and every allegation, both of which shall be deemed a general denial of the basis of the assessment. (h) Admit in part or deny in part allegations in the assessment and may elaborate on or explain relevant issues of fact in a manner that will simplify the ultimate issues. (i) Assert any available defense. (6) Motion for More Definite Statement. Within two (2) weeks after service of the notice of hearing in a matter, or at any later time with the permission of the administrative judge for good cause shown, a party may file a motion for more definite statement pursuant to T.C.A. § 4-5-307 on the ground that the assessment or other original pleading is so indefinite or uncertain that one cannot identify the transaction or facts at issue or prepare a defense. The administrative judge may order a more definite statement to be provided by a date certain, not to exceed fifteen (15) days from the date of filing the motion, and may continue the hearing until at least ten (10) days after a more definite statement is provided. (7) Amendment to assessment. The Bureau may amend the assessment or other original pleading within two (2) weeks from service of the notice of hearing and before an answer is filed, unless the party requesting the contested case hearing shows to the administrative judge that undue prejudice will result from this amendment. Otherwise the Bureau may only amend the assessment or other original pleading by written consent of the other party or by leave of the administrative judge and leave shall be freely given when justice so requires. No amendment may introduce a new statutory violation without original service and running of times applicable to service of the original notice. The administrative judge may grant a continuance if necessary to assure that a party has adequate time to prepare for a hearing in response to an amendment. (8) Amendments to Conform to the Evidence - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time; but failure to so amend does not affect the result of the determination of these issues. If evidence is objected to at the hearing on the ground that it is not within the issues in the pleadings, the administrative judge may allow the pleadings to be amended unless the objecting party shows that the admission of such evidence would prejudice his defense. The administrative judge may grant a continuance to enable the objecting party to have reasonable notice of the amendments.