2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 20 - POSTSECONDARY EDUCATION AUTHORIZATION ACT OF 1974 (§§ 49-7-2001 — 49-7-2023) › Section 49-7-2012 - Administrative review - Judicial review

(a)
(1)
A person, agent, group, or entity aggrieved or adversely affected by a decision of the executive director that results in adverse action, as described in §§
49-7-2010
,
49-7-2011
, and
49-7-2017
, being taken has the right to a hearing and review of the decision by the commission as provided in this subsection (a).
(2)
If, upon written notification of an adverse action being taken by the executive director, the aggrieved party desires a hearing and review by the commission, then the party must notify the commission, in writing, within ten (10) days of the date of the adverse action, otherwise the action is deemed the final action and no further review is available.
(3)
Upon receiving notice from the aggrieved party, the commission shall fix the time and place for a hearing and notify the aggrieved party of the time and place of the hearing.
(4)
At the hearing, the party may employ counsel, has the right to hear the evidence upon which the adverse action is based, and present evidence in opposition or in extenuation. The commission may request that a hearing officer from the secretary of state be appointed to issue an initial order or a member of the commission may preside, except where a clear conflict of interest may be demonstrated.
(5)
A decision of the commission or of a hearing officer following a hearing is not a final decision until it is final under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The commission shall promptly act on all matters presented at the hearing, as provided in this subsection (a). The commission shall notify all parties in writing of the decision, which must include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing and the appropriate rule, order, sanction, relief, or denial thereof.
(b)
A person, agent, group, or entity aggrieved or adversely affected by a final commission action may obtain judicial review of the action as provided in this section.
(c)
(1)
An action for judicial review may be commenced in any court of competent jurisdiction in accordance with the Tennessee rules of civil procedure within thirty (30) days after the commission action becomes effective.
(2)
Upon a finding that irreparable injury would otherwise result, the commission, upon application therefor, shall postpone the effective date of its action pending judicial review; or the reviewing court, upon such security, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the commission's action or to preserve the rights of the parties pending conclusion of the review proceedings.
(3)
The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits and other papers presented to or considered by the commission, and the decision, findings and action of the commission. As to alleged procedural irregularities, evidence may be taken independently by the court.
(4)
If the court finds no error, it shall affirm the commission's action. The court shall hold unlawful and set aside the commission action, and afford such relief as may be appropriate if it finds that the action was:
(A)
Arbitrary or capricious;
(B)
A denial of statutory right;
(C)
Contrary to constitutional right, power, privilege or immunity;
(D)
In excess of statutory jurisdiction, authority, purposes or limitation;
(E)
Not in accordance with the procedures or procedural limitations of this part or otherwise required by law;
(F)
An abuse or clearly unwarranted exercise of discretion;
(G)
Unsupported by substantial evidence when the record is considered as a whole; or
(H)
Otherwise contrary to law.
(5)
The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action.
Amended by 2022 Tenn. Acts, ch. 1044, s 21, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1044, s 20, eff. 7/1/2022.
Acts 1961, ch. 112, § 15; 1974, ch. 781, § 15; T.C.A., § 49-3915.