- (1) Failure of a party to attend or participate in a pre-hearing conference, hearing, or other stage of a contested case proceeding, after due notice thereof, shall be cause for finding such party in default, under T.C.A. § 4-5-309. Failure to comply with an order of the Commission or a Hearing Officer may be deemed a failure to participate in a contested case and, therefore, be cause for finding a party in default.
(2) (a) Upon entry into the record of the petitioner’s default at a contested case proceeding, the petition shall be dismissed.
- (b) Upon entry into the record of a respondent’s default at a contested case proceeding, the matter shall be considered unopposed relative to such respondent.
- (3) Where the case is unopposed, the petitioner has the burden of making a prima facie case, which may be done based on written filings. The Commission or Hearing Officer may require additional proof to ensure compliance with statutory requirements.
Authority: T.C.A. §§ 4-5-309, 4-5-317, 65-2-102, and 65-2-108. 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.