Current through September 24, 2024
(1) When hearing
ordered:
(a) Discrimination in Employment
Practices and Public Accommodations. Unless the Commission has issued an order
of conciliation pursuant to T.C.A. §
4-21-303 it shall, within ninety
(90) days of an administrative determination of reasonable cause to believe
that discrimination took place, serve on the Respondent by mail or in person a
written notice, together with a copy of the complaint as amended and a copy of
the letter or determination, requiring the respondent to answer the allegation
of the complaint at a hearing before a hearing examiner, or hearing examiners
at a time and place designated by the hearing examiner. A copy of the notice
shall be furnished to the Complainant and such other persons the Commission
deems necessary.
(b) Discrimination
in Housing Practices. Unless the complaint has been resolved through a
conciliation agreement pursuant to T.C.A. §
4-21-303, or if neither the
complainant or respondent has elected for a civil action pursuant to T.C.A.
§
4-21-312, or if the Commission has
not acted upon the complaint pursuant to T.C.A. §
4-21-312, then upon a finding of
reasonable cause, the Commission shall commence a hearing in the same manner as
subsection (a).
(2)
Selection of Hearing Examiner. The Commission may in its discretion appoint a
person or persons, who it deems qualified to act as a hearing examiner or
hearing examiners to preside over the Commission Hearing. The Commission may
also elect to request the appointment of an Administrative Law Judge from the
Secretary of State Administrative Procedures Division, or employ any other
method of selection within the scope of its authority under the Act.
(3) Hearing Procedure. All hearings shall be
conducted in accordance with the Tennessee Uniform Administrative Procedures
Act, T.C.A. §
4-5-101 et seq.
(a) Representation at Hearing. At the
hearing, Commission attorneys, or any other party as designated by the
Commission who is licensed and qualified to practice law in the State of
Tennessee, shall endeavor to support the allegations of the complaint and the
determination made upon the resolution of the investigation of Commission
staff. The complainant or complainants shall become an aggrieved party, or
aggrieved parties, in the matter. A respondent, who has filed an answer or
whose default in answering has been set aside for good cause shown, may appear
at the hearing with or without representation, may examine and cross-examine
witnesses and the complainant, and may offer evidence.
(b) Commencement of Action and Notice of
Appearance and Filing. To commence a hearing, the Commission staff shall file a
Notice of Appearance and Filing with the hearing officer. The notice shall
include a copy of the complaint, a copy of the Commission's letter of
determination, and a Notice of Appearance by the Commission. The notice shall
be copied to the Respondent, or Respondent's authorized or registered agent, by
mail or in person.
(c) Evidence at
Hearing. In addition to evidence rules and procedures pursuant to the Uniform
Administrative Procedures Act, T.C.A. §
4-5-101 et seq., the following
evidentiary rules shall govern the Commission Hearing:
1. Efforts, statements, or offers made in the
course of conference, conciliation, and/or persuasion shall not be admissible
at a Commission Hearing.
2.
Testimony taken at a hearing shall be under oath and transcribed pursuant to
T.C.A. §
4-21-304.
3. In a proceeding under this chapter,
production of written, visual communications, advertisement or other form of
publication, written inquiry, or record, or other document purporting to have
been made by a specific person shall be prima facie evidence that it was
authorized by the person.
(4) Intervention by Aggrieved Parties. At the
discretion of the Commission, the complainant, the complainant's private
attorney, or any person, may intervene, examine and/or cross-examine witnesses,
and present evidence.
(5)
Subpoenas. Pursuant to T.C.A. §
4-21-309, upon written application
to the commission, a party to a proceeding is entitled as of right to the
issuance of subpoenas for deposition or hearing in the name of the Commission.
A Commissioner, Commission attorney, or the Executive Director may issue a
subpoena or subpoena duces tecum. When a subpoena or subpoena duces tecum is
applied for and issued at the request of any party to a hearing or other
proceeding, the cost of service, witnesses, and mileage fees, if any, shall be
borne by the requesting party. When a subpoena or subpoena duces tecum is
initiated and issued by a Commissioner, a Commission attorney, or the Executive
Director, the cost of such service, witnesses, and mileage fees, if any, shall
be borne by the Commission.
(6)
Default at Hearing. If the Respondent fails to answer the complaint at the
Commission Hearing, the Commission may enter the Respondent's default, except
pursuant to T.C.A. §
4-21-304(f).
(7) Public hearings. All Commission hearings
shall be open to the public.
Authority: T.C.A. §§
4-5-101 et seq.,4-21-304, 4-21-309,
and 4-21-312.
