Evidence – Testimony And Burden Of Proof

(1) The admissibility of evidence is governed by T.C.A. §§ 65-2-109 and 4-5-313. (2) The burden of proof shall be on the party asserting the affirmative of an issue, provided that when the Commission has issued a show cause order under T.C.A. § 65-2-106, the burden of proof shall be on the party thus directed to show cause. (3) In place of the oral examination of a witness, the direct or redirect examination of such witness shall be presented in written, question-and-answer form (pre-filed testimony). Pre- filed testimony shall be filed no later than ten days before the hearing unless directed by the Commission or the Hearing Officer. The Commission may require the presentation of pre- filed testimony under this rule if it deems that doing so would be in the public interest and would be conducive to a fair and expeditious disposition of the proceeding. Any party may object to the pre-filed testimony of a witness, and the objecting party shall have the right to be heard by the Commission or the Hearing Officer at a hearing on the objection. (4) All pre-filed testimony shall be filed in electronic or written form consistent with these rules. The lines on each page shall be double-spaced and numbered consecutively down the left side of the page, and the left-hand margin of each page shall not be less than 1 1/4 inches wide. During the hearing, after any such pre-filed testimony has been appropriately identified and authenticated under oath or affirmation by the witness presenting the same, it may upon motion be incorporated into the record in the same way as if the questions had been asked of the witness and the answers had been presented verbally by the witness. Such pre-filed testimony shall be treated as if given verbally, and the witness presenting such pre-filed testimony shall be subject to cross-examination during the hearing on the merits. (5) Any party shall have the right to cross-examine witnesses who testify and shall have the right to submit rebuttal testimony, subject to the standards of admissibility and such limitations as the Hearing Officer or Commissioner, whomever is presiding during the hearing, may reasonably require. (6) At the discretion of the Commission or the Hearing Officer, or on the motion of any party, witnesses may be excluded from the hearing room before their testimony.