Rules & Regulations of the State of Tennessee
Title 1220 - Tennessee Public Utility Commission
Subtitle 1220-01 - Division of Practice and Procedure
Chapter 1220-01-02 - Practice and Procedure - Contested Cases
Section 1220-01-02-.06 - PRELIMINARY MOTIONS

Universal Citation: TN Comp Rules and Regs 1220-01-02-.06

Current through September 24, 2024

(1) Any request for an action or ruling prior to 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 grounds therefor, 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 (7) days after service of the motion. The Authority 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 leave given or upon the order of the Authority or Hearing Officer.

(4) Any party may, in a motion or response, request oral argument or the presentation of oral testimony or the Authority or Hearing Officer may order oral argument or the presentation of oral testimony. If such a request is granted or such an order entered, the Authority or Hearing Officer shall set the date and time therefor and may order that the argument be heard by telephone conference call.

(5) Preliminary motions, responses, matters submitted in support thereof, and any orders with respect thereto shall be filed with the Chair of the Authority and shall be served on all parties.

(6) Any party who wishes to seek interlocutory review by the Authority of a Hearing Officer decision on a preliminary motion shall make application by motion to the Hearing Officer. 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 Authority as specified in § 4-5-315.

(8) Nothing in this rule shall affect the right to seek interlocutory judicial review pursuant T.C.A. § 4-5-322.

Authority: T.C.A. §§ 4-5-308 and 65-2-102.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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