Prehearing Motions

(1) Scope - This rule applies to all motions made prior to a hearing on the merits of a contested case, except that discovery-related motions shall not be subject to Interlocutory Review. This rule does not preclude the administrative judge from convening a hearing or converting a prehearing conference to a hearing at any time pursuant to T.C.A. § 4-5-306(b) to consider any question of law. (2) Motions - Parties to a contested case are encouraged to resolve matters on an informal basis; however, if efforts at informal resolutions fail, any party may request relief in the form of a motion by serving a copy on all parties and by filing the motion with the Administrative Hearing Clerk. Any such motion shall set forth a request for all relief sought, and shall set forth grounds which entitle the moving party to relief. (3) Time Limits; Argument - A party may request oral argument on a motion; however, a brief memorandum of law submitted with the motion is preferable to oral argument. Each opposing party may file a written response to a motion, provided the response is filed within seven (7) PROCEDURES FOR PENALTY ASSESSMENTS AND HEARING CHAPTER 0800-02-13 CONTESTED CASES days of the date the motion was filed. A motion shall be considered submitted for disposition seven (7) days after it was filed, unless oral argument is granted, or unless a longer or shorter time is set by the administrative judge. (4) Oral Argument - If oral argument is requested, the motion may be argued by conference telephone call or other reasonable means. (5) Affidavits; Briefs and Supporting Statements (a) Motions and responses thereto shall be accompanied by all supporting affidavits and briefs or supporting statements. All motions and responses thereto shall be supported by affidavits for facts relied upon which are not of record or which are not the subject of official notice. Such affidavits shall set forth only facts which are admissible in evidence under T.C.A. § 4-5-313, and to which the affiants are competent to testify. Properly verified copies of all papers or parts of papers referred to in such affidavits may be attached thereto. (b) In the discretion of the administrative judge, a party or parties may be required to submit briefs or supporting statements pursuant to a schedule established by the administrative judge. (6) Disposition of Motions; Drafting the Order (a) When a prehearing motion has been made in writing or orally, the administrative judge shall render a decision on the motion by issuing an order or by instructing the prevailing party to prepare and submit an order in accordance with (b) below. (b) The prevailing party on any motion shall draft an appropriate order, unless waived by the administrative judge. This order shall be submitted to the administrative judge through the Administrative Hearing Clerk electronically in Microsoft Word format within five (5) days of the ruling on the motion, or as otherwise ordered by the administrative judge. (c) The administrative judge after signing any order shall cause the order to be served forthwith upon the parties.