Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-05 - Administrative Procedures Division
Chapter 1240-05-05 - The Hearing Official
Section 1240-05-05-.04 - DEFAULT AND UNCONTESTED PROCEEDINGS
Universal Citation: TN Comp Rules and Regs 1240-05-05-.04
Current through September 24, 2024
(1) Default.
(a) The failure of a party to attend or
participate in a pre-hearing conference, hearing or other stage of contested
case proceedings after appropriate notice of those actions is cause for holding
such party in default pursuant to T.C.A. §
4-5-309. Failure to comply with any
lawful order of the hearing official, necessary to maintain the orderly conduct
of the hearing, may be deemed a failure to participate in a stage of a
contested case and shall be cause for a holding of default.
(b) If a party fails to attend or participate
as provided in subparagraph (a) above, the hearing official, after entering
into the record evidence of service of notice to an absent party shall
determine whether the service of notice is sufficient as a matter of law,
according to State Rule 1240-5-4-.01. If the notice is held to be adequate, the
hearing official may do either of the following:
1. Hold the party failing to attend or to
participate in default and, after determining that the party in default has the
burden of proof, adjourn the proceedings and enter an order of default setting
forth the grounds for the default, that will become a Final Order without
further notice as provided in State Rule 1240-5-8-.02, unless a timely filed
Petition for Reconsideration is filed; or
2. Hold the party failing to attend or to
participate in default and, after determining that the party not in default has
the burden of proof, conduct the proceedings without the participation of the
defaulting party and include in the Initial Order a written notice of default
setting forth the grounds for the default. The Initial Order will become a
Final Order without further notice as provided in State Rule 1240-5-8 - .02,
unless a timely filed Petition for Reconsideration is filed.
(c) The hearing official shall
serve upon all parties the written notice of entry of default for failure to
appear as provided in part (b)1 or 2 above. The defaulting party, no later than
fifteen (15) days after service of such notice of default, may file a Petition
for Reconsideration as provided in T.C.A. §
4-5-317, requesting that the
default be set aside for good cause shown, and stating the grounds relied upon.
The hearing official may make any order in regard to such motion as is deemed
appropriate, pursuant to T.C.A. §
4-5-317.
Authority: T.C.A. §§ 4-5-202, 4-5-219, 4-5-309, 4-5-317, 71-1-105(12) and 71-1-111; 42 C.F.R. § 431.223; 45 C.F.R. § 205.10(a)(5)(v); and 7 C.F.R. § 273.15(j)(1)(ii).
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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