(1) In any contested case, the Commission or the Hearing Officer may, on their initiative or the motion of any party, enter an order under T.C.A. § 4-5-306 directing counsel for the parties and any unrepresented parties to appear for a conference or conferences before the hearing on the merits to consider:
- (a) The simplification of issues for the hearing on the merits;
- (b) The necessity or desirability of any amendments to the filings;
- (c) The possibility of obtaining admissions of fact and documents that may avoid unnecessary proof;
- (d) The limitation of the number of expert witnesses;
- (e) The disposition of any pending motions;
- (f) The adoption or amendment of a discovery schedule in accordance with these rules, including the adoption of a statement of the issues for discovery;
- (g) The steps that may be taken to expedite the disposition of the case or to facilitate settlement of the case, or any aspect thereof;
- (h) The adoption of a schedule for the filing of briefs and any pre-filed testimony; and
- (i) Other matters that may facilitate the just, efficient, and economical disposition of the case, including alternative dispute resolution.
- (2) At least one of the counsel or other representatives for each party participating in a pre- hearing conference shall have authority to enter into stipulations, make admissions, or enter into agreements concerning any matters the parties may reasonably anticipate will be considered.
- (3) The Hearing Officer shall enter an order that recites the actions taken during the pre-hearing conference and embodies all decisions made. Such order shall control the subsequent course of the case unless modified by order of the Hearing Officer or the Commission.
- (4) Upon reasonable notice to all parties, the Hearing Officer may convene a hearing or convert a pre-hearing conference to a hearing, to be conducted by the Hearing Officer, to consider arguments and any relevant evidence on any question of law. The Hearing Officer may enter an initial order on any such question of law, as provided in the Uniform Administrative Procedures Act.
- (5) In the discretion of the Hearing Officer, all or part of the pre-hearing conference may be conducted by electronic means, provided each participant in the conference has an opportunity to participate in, hear, and, if technically and economically feasible, see the entire proceeding while it is taking place.
- (6) If a pre-hearing conference is not held, the Hearing Officer may issue a pre-hearing order based on the filings to regulate the conduct of the proceedings.
Authority: T.C.A. §§ 4-5-306, 65-2-102, and 65-2-111. Administrative History: Original rule filed June 30, 2000; effective September 13, 2000. Administrative changes made to this chapter on April 27, 2018 pursuant to Public Chapter 94 of 2017; “Tennessee Regulatory Authority” references were changed to “Tennessee Public Utility Commission,” “Authority” references were changed to “Commission,” “Authority Director” references were changed to “Commissioner,” and “Chief” references were changed to “Director.” Amendments filed August 11, 2025; effective November 9, 2025.