Rules & Regulations of the State of Tennessee
Title 1340 - Safety and Homeland Security
Subtitle 1340-02 - Administrative Division
Chapter 1340-02-02 - Rules of Procedure for Asset Forfeiture Proceedings
Section 1340-02-02-.16 - ORDER OF PROCEEDINGS

(a) Prior to a hearing, the administrative judge may confer with the parties to discuss the order of proceedings, admissibility of evidence, number of witnesses and other matters, provided, however, that the administrative judge shall not act as an advocate in any contested case.

(b) Hearing is called to order by the administrative judge.

(c) The parties, their counsel and the administrative judge introduce themselves for the record. If necessary, the administrative judge gives a brief statement about the nature of the proceedings and the making of legal rulings.

(d) The administrative judge states what documents the record contains.

(e) The witnesses are sworn.

(f) The administrative judge asks the parties if they call for the exclusion of witnesses from the hearing under "the Rule." If so, the excluded witnesses are instructed not to discuss the case during the pendency of the proceeding. Notwithstanding the exclusion of witnesses, individual parties will be permitted to stay in the hearing room. The seizing agency or any party that is a corporation or other artificial person may have one appropriate individual, other than counsel, who may also be a witness, remain in the hearing room as its representative.

(g) Any preliminary motions, stipulations, or agreed orders are entertained.

(h) The parties make opening statements.

(i) The Legal Division calls its witnesses and questioning proceeds as follows:

(j) Claimant may move to dismiss the department's case for failure to carry its burden of proof. If Claimant's motion is granted, the case is concluded. If the Claimant's motion is not granted, then the case proceeds as set out herein.

(k) Claimant proceeds with the case, following the above pattern with the parties switched, until claimant's case is concluded.

(l) Questioning proceeds as long as is necessary to provide all pertinent testimony by all parties.

(m) Claimant and the Legal Division shall be allowed to call appropriate rebuttal and rejoinder witnesses with the examination proceeding as set forth in paragraph (i). Rebuttal and rejoinder witness may have heard the testimony of the witness to be rebutted or rejoined, in accordance with Rule 615 of the Tennessee Rules of Evidence.

(n) Closing arguments are allowed all parties.

(o) If the commissioner is hearing the case, then the parties are informed that a Final Order will be entered and sent to the parties, with appeal rights explained. If an administrative judge hears the case, the parties are informed that an Initial Order will be entered and sent to the parties, with appeal rights explained. Either the commissioner or the administrative judge may make an oral ruling at the conclusion of the contested case proceeding; however, an oral ruling shall be placed into appropriate written form as an order and sent to the parties, with appeal rights explained. If the ALJ does not intend to issue a written order, the ALJ shall state such intention on the record and the date of the record shall be the effective date of such order.