1. (1) If the petition is set for a contested case hearing, the Commissioner may assign the matter to a Designee to hear the matter.

2. (2) The Designee shall hold an initial pre-hearing conference, in person or by electronic means, with Petitioner and the Department to:

   1. (a) Determine any pre-hearing matters, including any motions, objections, or other matters that may be relevant;
   2. (b) Determine the date of the hearing;
   3. (c) Determine the method of hearing, either in person or by electronic means;
   4. (d) Determine the dates by which any pre-hearing motions must be filed or any discovery, if needed, must be completed; and
   5. (e) Any other matters which the Designee determines is necessary to address.
3. (3) The Designee may require the parties to file an agreed stipulation of facts or proposed findings of fact and conclusions of law.
4. (4) The Designee shall issue a written order reflecting the outcome of the pre-hearing conference.
5. (5) All pre-hearing conferences and the declaratory order hearing shall be recorded by a court reporter provided by the Department.
6. (6) The Designee shall file the Notice of Hearing required by T.C.A. § 4-5-224.
7. (7) When the petition is the subject of a contested case hearing, the Petitioner has the burden of proof in persuading the agency of the correctness of the Petitioner’s position on all issues.
8. (8) The Designee shall issue a final written declaratory order after the contested case hearing and after the submission of any proposed findings of fact and conclusions of law by the parties, if requested by the Designee. This order shall comply with the requirements of the UAPA.
9. (9) A party aggrieved by the declaratory order may seek judicial review of the order in the chancery court of Davidson County, unless otherwise specifically provided by statute, in the manner provided for the review of decisions in contested cases under T.C.A. §§ 4-5-223 and 4-5-225.

Authority: T.C.A. §§ 4-3-2009, 4-5-223, and 4-5-224. Administrative History: New rules filed February 20, 2026; effective May 21, 2026.