Most appeals hearings are scheduled by telephone for the convenience of all parties. However, a hearing may be scheduled in-person at the request of either party. In order to request an in-person hearing you must contact the Appeals Tribunal at least 48 hours prior to the start of the scheduled hearing. If you request to appear in-person, expect an additional delay in scheduling the hearing and note that your request to appear in-person does not necessarily compel the opposing party to appear in-person as well. As with telephone hearings, the proceedings are recorded and testimony is taken under oath or affirmation. Be prepared to testify about the issue(s) stated on the notice of hearing. You will be allowed to question or “cross examine” the testimony offered by the opposing party, and the hearing officer will also ask questions.
You will be expected to appear at the address of the Appeals Tribunal hearing location indicated on your notice of hearing. Bring the notice of hearing with you and be sure to arrive before the time scheduled for the hearing. If you are not there on time, the hearing officer will wait fifteen minutes before either starting the hearing or issuing a Failure to Appear Decision. Failing to participate in a hearing may result in a decision that is adverse to you.
If you have documents to offer as evidence for the hearing, you must send a complete copy to the opposing party and to the Appeals Tribunal at least 48 hours prior to the scheduled start of the hearing. Prior submission of documents to the Agency during the initial claims process does not satisfy this requirement. The pages of any documents submitted must be numbered. Failing to submit copies of the documents you wish to present to the other party could result in the hearing officer not considering them when making a decision.
You may bring one or more witnesses; however, your witness should be an “eyewitness” and thus have actual, direct, personal knowledge of the facts. Testimony from a witness with only second-hand knowledge will carry little or no weight with the hearing officer.
If you wish to subpoena a witness or a document, you must send a fax or written statement to the Appeals Tribunal no less than seven days prior to the scheduled time for the hearing by fax to (615)741-8933 or by email to AT.Changes@TN.Gov . You must state why the witness or document is important to your case along with the name and complete address of the witness or person holding the document.