(a) The administrative judge or hearing officer shall regulate the course of the proceedings, in conformity with the prehearing order if any.

Terms Used In Tennessee Code 4-5-312

  • Administrative judge: means an agency member, agency employee or employee or official of the office of the secretary of state, licensed to practice law and authorized by law to conduct contested case proceedings pursuant to §. See Tennessee Code 4-5-102
  • Agency: means each state board, commission, committee, department, officer, or any other unit of state government authorized or required by any statute or constitutional provision to make rules or to determine contested cases. See Tennessee Code 4-5-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Hearing officer: means an agency member, agency employee or employee or official of the office of the secretary of state, not licensed to practice law, and authorized by law to conduct a contested case proceeding pursuant to §. See Tennessee Code 4-5-102
  • Order: means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of a specific person or persons. See Tennessee Code 4-5-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) To the extent necessary for full disclosure of all relevant facts and issues, the administrative judge or hearing officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order.
(c) The administrative judge or hearing officer and agency members may, by agreement of the parties, conduct all or part of the hearing telephonically, electronically, or by audio-visual means if each participant in the hearing has an opportunity to participate in, hear, and, if technically feasible, see the entire proceedings while the proceedings are taking place. Notwithstanding this authority, the administrative judge or hearing officer may permit the testimony of a witness by contemporaneous audio-visual transmission from a different location when the absence of the witness would otherwise cause a delay to the hearing.
(d) The hearing must be open to public observation pursuant to title 8, chapter 44, unless otherwise provided by state or federal law. To the extent that a hearing is conducted telephonically, electronically, or by audio-visual means, the availability of public observation may be satisfied by giving members of the public an opportunity, at reasonable times, to hear or view a recording, as applicable, and to inspect a transcript obtained by the agency, except as otherwise provided by § 50-7-701.
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