Tenn. Comp. R. & Regs. 1200-13-19-.08
Filing and Service of Pleadings and Other Materials
Effective May 3, 2015Authority: T.C.A. §§ 4-5-202, 71-5-105, 71-5-109, and 71-5-112; 42 U.S.C. §§ 1396a(a)(3), (5), and (8); 42 C.F.R. 431 Subpart E; and 42 C.F.R. § 435.912.Tennessee Department of Health, Tennessee Department of Environment and Conservation, and, Tennessee Department of Finance and Administration
- (1) After an appeal is filed, all pleadings and any other materials that are required to be filed by a time certain must be received by the Clerk’s Office by the specified time. The materials may be filed by delivering them to the Agency in person, electronically, by mail or by private carrier.
- (2) Upon initiation of a contested case, all pleadings and other materials required to be filed or submitted prior to the hearing must be filed with the Clerk’s Office, where they will be stamped with the date of receipt.
- (3) A petition for appeal of an Initial Order or for reconsideration or stay of an Initial or Final Order must be filed with the Agency.
- (4) Discovery materials that are not actually introduced as evidence need not be filed, except as provided in this chapter.
- (5) Copies of all materials filed with the Agency in a contested case shall also be served upon all parties, or upon their counsel, and contain a statement indicating that copies have been served upon all parties. Service may be by mail or equivalent carrier, by hand delivery, or in electronic format.
Authority: T.C.A. §§ 4-5-202, 71-5-105, 71-5-109, and 71-5-112; 42 U.S.C. §§ 1396a(a)(3), (5), and (8); 42 C.F.R. 431 Subpart E; and 42 C.F.R. § 435.912. Administrative History: Emergency rule filed November 7, 2014; effective through May 6, 2015. Original rule filed February 2, 2015; effective May 3, 2015.