Section 1200-13-19-.14 - DISCOVERY(1) Any party to a contested case proceeding has the right to examine Agency manuals, the Agency case file regarding the matter being contested, and all documents and records used as evidence, at the Agency office during normal State office hours, except that records, the confidentiality of which is protected by law may not be inspected consistent with T.C.A. § 4-5-311. A party or his representative may copy entries or documents to be introduced at the hearing as supporting evidence.(2) Any party to a contested case proceeding has the right to reasonable discovery under T.C.A. § 4-5-311.(3) The Administrative Judge will issue subpoenas to require the attendance of witnesses and the production of books, records, papers, or other tangible things necessary and proper for the hearing proceeding, when requested by a party involved in the case. Subpoenas may be served at any place within the State by certified mail in addition to means of service provided by the TRCP.(4) The Administrative Judge may at or before the time specified in the subpoena for compliance:(a) Void or modify a subpoena if it is unreasonable and oppressive, or(b) Tax the party making the request with reasonable costs in the production of books, papers, documents, or other tangible things.(5) The parties should attempt to achieve discovery informally. Only if such attempts have failed or if the complexity of the case makes informal discovery impracticable shall discovery be sought and conducted under the TRCP.(6) Upon motion of a party or upon the Administrative Judge's own motion, the Administrative Judge may order that discovery be completed by a certain date.(7) Any motion to compel discovery, motion to quash, motion for protective order, or other discovery related motion must: (a) Quote verbatim the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the interrogatory, request, subpoena, or excerpt of a deposition which shows the question and objection or response if applicable;(b) State the reason or reasons supporting the motion; and(c) Be accompanied by a detailed statement certifying that the moving party or his counsel has made a good faith effort to resolve by agreement the issues raised and that agreement has not been achieved; such efforts must be set out with particularity in the statement.(8) The Administrative Judge will decide any motion relating to discovery according to the UAPA, the UAPA Rules, or the TRCP.(9) Other than as provided in paragraph (7) above, discovery materials need not be filed with the Clerk's Office.Tenn. Comp. R. & Regs. 1200-13-19-.14
Adopted effective May 6, 2015.Authority: T.C.A. §§ 4-5-208, 71-5-105 and 71-5-112; 42 U.S.C. §§ 1396 a(a)(3), (5), (8); 42 C.F.R. 431 Subpart E and 42 C.F.R. § 435.912.