Tenn. Comp. R. & Regs. 0180-06-.07 - DEFAULT AND UNCONTESTED PROCEEDINGS
(1) Default.
(a) The failure or refusal of a party (1) to
timely appear at a hearing on the merits after due notice thereof, or (2) at
the hearing to comply with any lawful order of the Commissioner, Hearing
Officer, or Administrative Law Judge, necessary to maintain the orderly conduct
of the hearing, is cause for holding such party to be in default and said order
of default may thereupon be entered in the record.
(b) The Commissioner shall serve upon all
parties written notice of entry of default for failure to appear and the
defaulting party, no later than five days after such service of notice, may
file a motion requesting that his default be set aside for good cause shown and
stating the grounds relied upon. The Commissioner shall make such orders in
regard to such motion as he in his absolute discretion may deem
appropriate.
(2) Effect
of Entry of Default.
(a) Upon entry into the
record of the default of the Complainant, the notice shall be denied.
(b) Upon entry into the record of the default
of the Respondent, the matter shall be tried as uncontested as to such
Respondent.
(3)
Uncontested Proceeding. When the matter is tried as uncontested, the
Complainant has the burden of proof of affirmative allegations sufficient to
state a prima facie case. The Commissioner may accept any other relevant
evidence which he may deem desirable.
Notes
Authority: T.C.A. ยง 4-3-113(d); as amended (Public Chapter 216, May 3, 1983).
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