§ 4-5-312 — Procedure at hearing

Tennessee § 4-5-312

• Jurisdiction: Tennessee
• Title: 4

Text

(a) The administrative judge or hearing officer shall regulate the course of the proceedings, in conformity with the prehearing order if any. (b) To the extent necessary for full disclosure of all relevant facts and issues, the administrative judge or hearing officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order. (c) The administrative judge or hearing officer and agency members may, by agreement of the parties, conduct all or part of the hearing telephonically, electronically, or by audio-visual means if each participant in the hearing has an opportunity to participate in, hear, and, if technically feasible, see the entire proceedings while the proceedings are taking place. Notwithstanding this authority, the administrative judge or hearing officer may permit the testimony of a witness by contemporaneous audio-visual transmission from a different location when the absence of the witness would otherwise cause a delay to the hearing. (d) The hearing must be open to public observation pursuant to title 8, chapter 44, unless otherwise provided by state or federal law. To the extent that a hearing is conducted telephonically, electronically, or by audio-visual means, the availability of public observation may be satisfied by giving members of the public an opportunity, at reasonable times, to hear or view a recording, as applicable, and to inspect a transcript obtained by the agency, except as otherwise provided by § 50-7-701 .

Legislative History

Amended by 2022 Tenn. Acts, ch. 833, s 5, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 833, s 4, eff. 7/1/2022. Acts 1982, ch. 874, § 51.