1. (1) In appeals properly before the Appeals Tribunal or the Board of Review, the order of proceedings is as follows:

   1. (a) The Appeals Referee, Board Member or Special Master may confer with the parties prior to a hearing to explain the order of proceedings, admissibility of evidence, number and order of witnesses and other preliminary matters.
   2. (b) The Appeals Referee, Board Member or Special Master then presiding calls the hearing to order and turns on the mechanical recording device.
2. (2) The Appeals Referee, Board Member or Special Master introduces self and gives a very brief statement of the nature of the proceedings. This statement includes a statement that the hearing will be fair and impartial and that the Appeals Tribunal or the Board of Review will be the sole judges of the facts.
3. (3) The Appeals Referee, Board Member or Special Master then calls, respectively, on the appellant and on the respondent and asks if they are represented by counsel. If the appellant and or respondent are represented by counsel, the counsel is introduced and the counsel’s presence noted for the record. Witnesses for the appellant and for the respondent are introduced and their presence noted at this time.
4. (4) The Appeals Referee, Board Member or Special Master identifies the issues as set out in the notice of hearing and gives references to the sections of the Tennessee Employment Security Law involved.
5. (5) If either the appellant or the respondent notes exceptions to the issues as outlined by the Appeals Referee, Board Member or Special Master, appropriate time is allowed for discussion and necessary changes may be made to the satisfaction of the parties.
6. (6) The Appeals Referee, Board Member or Special Master swears all parties and witnesses that are to be called upon to testify at the hearing; however, a solemn affirmation may be accepted in lieu of oath.
7. (7) Upon request by either the appellant or the respondent, all witnesses who are not to testify immediately are excluded from the hearing room so that no witness may hear the other testimony.

8. (8) Any preliminary motions or stipulations are entertained. By agreement, the parties to the appeal may stipulate the facts involved in writing. The Appeals Referee, Board Member or Special Master may then:

   1. (a) limit the parties to oral argument, or
   2. (b) limit the parties to the filing of written argument within ten days, or
   3. (c) in the Appeals Referee’s, the Board Member’s or the Special Master’s discretion, may proceed with the hearing and take such further evidence as the Appeals Referee, the Board Member or the Special Master deems necessary to fully enable the Appeals Referee, the Board Member of the Special Master to determine the issues.
9. (9) Opening statements are allowed by both the appellant and the respondent, respectively.

10. (10) The appellant calls the appellant’s witnesses and the questioning proceeds as follows:

    1. (a) Appellant questions.
    2. (b) Respondent cross-examines.
    3. (c) Appeals Referee, Board Member or Special Master questions.

11. (11) Respondent calls the respondent’s witnesses and the questioning proceeds as follows:

    1. (a) Respondent questions.
    2. (b) Appellant cross-examines.
    3. (c) Appeals Referee, Board Member or Special Master questions.
12. (12) Appellant and respondent may call appropriate rebuttal and rejoinder witnesses after sufficient showing of the need therefor to the Appeals Referee, Board Member or Special Master presiding.
13. (13) Closing arguments are allowed by both the appellant and the respondent, respectively.
14. (14) The Appeals Referee, Board Member or Special Master advises all parties of the procedures used in reaching a decision on the appeal. The Appeals Referee, Board Member or Special Master further advises that copies of such decision shall be mailed to all interested parties.
15. (15) Subparagraphs (1) through (14) of this rule are intended to be merely a general outline as to the conduct of an administrative proceeding before the Department of Labor and Workforce Development Appeals Tribunal and Board of Review. A departure from the literal form or substance of this outline, in order to expedite or insure the fairness of proceedings, would not be in violation of this rule.

Authority: T.C.A. §§50-7-601, 50-7-602, and 50-7-603. Administrative History: Original rule certified May 17, 1974. Amendment filed May 9, 1979; effective June 25, 1979. Repeal and new rule filed January 22, 1996; effective May 30, 1996. Amendment filed May 22, 2001; effective September 28, 2001. August 15, 2009, the Secretary of State transferred 0560-03-04 to 0800-11-04 per Chapter 520 of Public Acts of 1999 and T.C.A. 4-5-221(a)(1).