Preliminary Motions

(1) Any request for an action or ruling before a hearing on the merits in a contested case shall be made in writing, in the same form as other filings. The request shall state the factual and legal basis for the request, set forth the relief or order sought, and may be accompanied by a brief as to any issues of law, by affidavits, requests for official notice, or other appropriate proof as to any issue of fact. (2) Any party opposing a motion shall file and serve a response within seven days after service of the motion. The Commission or Hearing Officer may shorten or extend the time for responding to any motion. (3) No reply to a response shall be filed except upon order of the Commission or Hearing Officer. (4) Any party may, in a motion or response, request oral argument or the presentation of oral testimony, or the Commission or Hearing Officer may order oral argument or the presentation of oral testimony. If such a request is granted or an order is entered, the Commission or Hearing Officer shall set the date and time for the argument or presentation and may order that the argument be heard electronically. (5) Preliminary motions, responses, documents submitted in support, and any orders thereto, shall be filed with the Docket Manager and served on all parties. (6) Any party who wishes to seek interlocutory review by the Commission of a Hearing Officer’s decision on a preliminary motion shall make an application by motion to the Hearing Officer within seven days after service of the order memorializing the Hearing Officer’s decision. Permission for interlocutory review shall not be unreasonably withheld. (7) Any order dismissing a case or otherwise substantially disposing of the merits of the case is not an interlocutory order, and any such order issued by a Hearing Officer shall be considered as an initial order subject to review by the Commission as specified in T.C.A. § 4- 5-315. (8) Nothing in this rule shall affect the right to seek interlocutory judicial review under T.C.A. § 4- 5-322.