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-.16 - 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 Authority has issued a show cause order pursuant to T.C.A. § 65-2-106, the burden of proof shall be on the party thus directed to show cause.

(3) In lieu of the oral examination of a witness or when required by the Authority or by these rules, the direct or redirect examination of such witness may be presented in written, question-and-answer form. Pre-filed testimony shall be filed no later than ten (10) days prior to the hearing unless otherwise provided by the Authority or the Hearing Officer. Presentation of pre-filed testimony may be required by the Authority in accordance with this rule, if it is deemed by the Authority 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 use of pre-filed testimony by a witness, and the objecting party shall have the right to be heard by the Authority 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. At the hearing, after any such pre-filed testimony has been properly 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 given orally by the witness. Such pre-filed testimony shall be treated as if given orally 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 the Chair, whichever is presiding at the hearing, may reasonably require.

(6) In the discretion of the Authority or the Hearing Officer or on motion of any party witnesses may be excluded from the hearing room prior to their testimony.