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-.12 - PRE-HEARING CONFERENCES

Universal Citation: TN Comp Rules and Regs 1220-01-02-.12

Current through September 24, 2024

(1) In any contested case, the Authority or the Hearing Officer may, on his or her own motion or on the motion of any party, enter an order, pursuant to T.C.A. § 4-5-306, directing counsel for the parties and any unrepresented parties to appear for a conference or conferences before the hearing on the merits to consider:

(a) the simplification of issues for the hearing on the merits;

(b) the necessity or desirability of any amendments to the filings;

(c) the possibility of obtaining admissions of fact and of documents which may avoid unnecessary proof;

(d) the limitation of the number of expert witnesses;

(e) the disposition of any pending motions;

(f) the adoption or amendment of a discovery schedule in accordance with these rules, including the adoption of a statement of the issues for the purpose of discovery;

(g) the steps which may be taken to expedite the disposition of the case or to facilitate settlement of the case, or any aspect thereof;

(h) the adoption of a schedule for the filing of briefs and any pre-filed testimony; and

(i) such other matters as may facilitate the just, efficient and economical disposition of the case including alternative dispute resolution.

(2) At least one of the counsel or other representative for each party participating in a pre-hearing conference shall have authority to enter into stipulations, make admissions, or enter into agreements with respect to any matters which the parties may reasonably anticipate will be considered.

(3) The Hearing Officer shall enter an order which recites the actions taken at the pre-hearing conference and embodies all decisions made, and such order shall control the subsequent course of the case, unless modified by order of the Hearing Officer or the Authority.

(4) Upon reasonable notice to all parties, the Hearing Officer may convene a hearing or convert a pre-hearing conference to a hearing, to be conducted by the Hearing Officer, to consider arguments and any relevant evidence on any question of law. The Hearing Officer may enter an initial order, as provided in the Uniform Administrative Procedures Act, on any such question of law.

(5) In the discretion of the Hearing Officer, all or part of the pre-hearing conference may be conducted by electronic means, provided each participant in the conference has an opportunity to participate in, hear, and if technically and economically feasible, see the entire proceeding while it is taking place.

(6) If a pre-hearing conference is not held, the Hearing Officer for the hearing may issue a pre-hearing order based on the filings to regulate the conduct of the proceedings.

Authority: T.C.A. §§ 4-5-306, 65-2-102 and 65-2-111.

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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