reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-301 - Conduct of contested cases

(a)
In the hearing of any contested case, the proceedings or any part thereof shall be conducted:
(1)
In the presence of the requisite number of members of the agency as prescribed by law and in the presence of an administrative judge or hearing officer; or
(2)
By an administrative judge or hearing officer sitting alone.
(b)
It is the duty of the administrative judge or hearing officer to preside at the hearing, rule on questions of the admissibility of evidence, swear witnesses, advise the agency members as to the law of the case, and ensure that the proceedings are carried out in accordance with this chapter, other applicable law and the rules of the respective agency. At no time shall the administrative judge or hearing officer hearing a case with agency members under subsection (a) take part in the determination of a question of fact, unless the administrative judge or hearing officer is an agency member. An administrative judge or hearing officer shall decide a procedural question of law.
(c)
The agency shall determine whether a contested case shall be conducted by an administrative judge or hearing officer sitting alone or in the presence of members of the agency; provided, that administrative judges or hearing officers employed in the office of the secretary of state shall not be required to conduct a contested case sitting alone in the absence of agreement between the agency and the secretary of state.
(d)
Contested cases under this section may be conducted by administrative judges or hearing officers employed in the office of the secretary of state upon the request of the agency being presented to the secretary of state and the request being granted.
(e)
Any agency not authorized by law to have a contested case conducted by an administrative judge, hearing officer or similar officer from the agency shall direct that the proceedings or any part thereof be conducted by an administrative judge or hearing officer employed in the office of the secretary of state.
Amended by 2022 Tenn. Acts, ch. 833, s 1, eff. 7/1/2022.
Acts 1982, ch. 874, § 37; 1984, ch. 728, § 11.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-302 - Disqualification of judge, hearing officer, etc. - Substitutions

(a)
Any administrative judge, hearing officer or agency member shall be subject to disqualification for bias, prejudice, interest or any other cause provided in this chapter or for any cause for which a judge may be disqualified.
(b)
Any party may petition for the disqualification of an administrative judge, hearing officer or agency member promptly after receipt of notice indicating that the individual will serve or, if later, promptly upon discovering facts establishing grounds for disqualification.
(c)
A party petitioning for the disqualification of an agency member shall not be allowed to question the agency member concerning the grounds for disqualification at the hearing or by deposition unless ordered by the administrative judge or hearing officer conducting the hearing and agreed to by the agency member.
(d)
The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination.
(e)
If a substitute is required for an individual who becomes unavailable as a result of disqualification or any other reason, the substitute shall be appointed, unless otherwise provided by law by:
(1)
The governor, if the unavailable individual is a cabinet member or elected official, except that the speakers of the senate and house of representatives shall appoint a substitute for individuals elected by the general assembly; or
(2)
The appointing authority, if the unavailable individual is an appointed official.
(f)
Any action taken by a duly appointed substitute for an unavailable individual shall be as effective as if taken by the unavailable individual.
Acts 1982, ch. 874, § 38.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-303 - Separation of functions

(a)
A person who has served as an investigator, prosecutor or advocate in a contested case may not serve as an administrative judge or hearing officer or assist or advise an administrative judge or hearing officer in the same proceeding.
(b)
A person who is subject to the authority, direction or discretion of one who has served as investigator, prosecutor or advocate in a contested case may not serve as an administrative judge or hearing officer or assist or advise an administrative judge or hearing officer in the same proceeding.
(c)
A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may not serve as an administrative judge or hearing officer or assist or advise an administrative judge or hearing officer in the same proceeding.
(d)
A person may serve as an administrative judge or hearing officer at successive stages of the same contested case, unless a party demonstrates grounds for disqualification in accordance with §
4-5-302
.
(e)
A person who has participated in a determination of probable cause or other equivalent preliminary determination or participated in or made a decision that is on administrative appeal in a contested case may serve as an agency member in the contested case where authorized by law and not subject to disqualification or other cause provided in this chapter.
Acts 1982, ch. 874, § 39.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-304 - Ex parte communications

(a)
Unless required for the disposition of ex parte matters specifically authorized by statute, an administrative judge, hearing officer or agency member serving in a contested case proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding, while the proceeding is pending, with any person without notice and opportunity for all parties to participate in the communication.
(b)
Notwithstanding subsection (a), an administrative judge, hearing officer or agency member may communicate with agency members regarding a matter pending before the agency or may receive aid from staff assistants, members of the staff of the attorney general and reporter, or a licensed attorney, if such persons do not receive ex parte communications of a type that the administrative judge, hearing officer or agency members would be prohibited from receiving, and do not furnish, augment, diminish or modify the evidence in the record.
(c)
Unless required for the disposition of ex parte matters specifically authorized by statute, no party to a contested case, and no other person may communicate, directly or indirectly, in connection with any issue in that proceeding, while the proceeding is pending, with any person serving as an administrative judge, hearing officer or agency member without notice and opportunity for all parties to participate in the communication.
(d)
If, before serving as an administrative judge, hearing officer or agency member in a contested case, a person receives an ex parte communication of a type that may not properly be received while serving, the person, promptly after starting to serve, shall disclose the communication in the manner prescribed in subsection (e).
(e)
An administrative judge, hearing officer or agency member who receives an ex parte communication in violation of this section shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the person received an ex parte communication, and shall advise all parties that these matters have been placed on the record. Any party desiring to rebut the ex parte communication shall be allowed to do so, upon requesting the opportunity for rebuttal within ten (10) days after notice of the communication.
(f)
An administrative judge, hearing officer or agency member who receives an ex parte communication in violation of this section may be disqualified if necessary to eliminate the effect of the communication.
(g)
The agency shall, and any party may, report any willful violation of this section to appropriate authorities for any disciplinary proceedings provided by law. In addition, each agency by rule may provide for appropriate sanctions, including default, for any violations of this section.
Acts 1982, ch. 874, § 41.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-305 - Representation

(a)
Any party may participate in the hearing in person or, if the party is a corporation or other artificial person, by a duly authorized representative.
(b)
Whether or not participating in person, any party may be advised and represented at the party's own expense by counsel or, unless prohibited by law, other representative.
Acts 1982, ch. 874, § 43.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-306 - Prehearing conferences

(a)
(1)
In any action set for hearing, the administrative judge or hearing officer assigned to hear the case may direct the parties or the attorneys for the parties, or both, to appear before the administrative judge or hearing officer for a conference to consider:
(A)
The simplification of issues;
(B)
The necessity or desirability of amendments to the pleadings;
(C)
The possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof;
(D)
The limitation of the number of expert witnesses; and
(E)
Such other matters as may aid in the disposition of the action.
(2)
The administrative judge or hearing officer shall make an order that recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and that limits the issues for hearing to those not disposed of by admissions or agreements of the parties, and such order when entered controls the subsequent course of the action, unless modified at the hearing to prevent manifest injustice.
(b)
Upon reasonable notice to all parties, the administrative judge or hearing officer may convene a hearing or convert a prehearing conference to a hearing, to be conducted by the administrative judge or hearing officer sitting alone, to consider argument or evidence, or both, on any question of law. The administrative judge or hearing officer may render an initial order, as otherwise provided by this chapter, on the question of law.
(c)
In the discretion of the administrative judge or hearing officer, all or part of the prehearing conference may be conducted by telephone, television or other electronic means, if each participant in the conference has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.
(d)
If a prehearing conference is not held, the administrative judge or hearing officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
Amended by 2022 Tenn. Acts, ch. 833, s 2, eff. 7/1/2022.
Acts 1974, ch. 725, § 8; 1975, ch. 370, §§ 3, 12; 1978, ch. 938, §§ 4, 5; T.C.A., §§ 4-514, 4-5-108(d); Acts 1982, ch. 874, §§ 44, 54.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-307 - Notice of hearing

(a)
In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.
(b)
In all proceedings the notice shall include:
(1)
A statement of the time, place, nature of the hearing, and the right to be represented by counsel;
(2)
A statement of the legal authority and jurisdiction under which the hearing is to be held, including a reference to the particular sections of the statutes and rules involved; and
(3)
A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon timely, written application a more definite and detailed statement shall be furnished ten (10) days prior to the time set for the hearing.
Acts 1974, ch. 725, § 8; 1975, ch. 370, §§ 3, 12; 1978, ch. 938, §§ 4, 5; T.C.A., §§ 4-514, 4-5-108(a), (b); Acts 1982, ch. 874, §§ 45, 54.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-308 - Filing pleadings, briefs, motions, etc. - Service

(a)
The administrative judge or hearing officer, at appropriate stages of the proceedings, shall give all parties full opportunity to file pleadings, motions, objections and offers of settlement.
(b)
The administrative judge or hearing officer, at appropriate stages of the proceedings, may give all parties full opportunity to file briefs, proposed findings of fact and conclusions of law, and proposed initial or final orders.
(c)
A party shall serve copies of any filed item on all parties, by mail or any other means prescribed by agency rule.
Acts 1982, ch. 874, § 46.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-309 - Default

(a)
If a party fails to attend or participate in a prehearing conference, hearing or other stage of a contested case, the administrative judge or hearing officer, hearing the case alone, or agency, sitting with the administrative judge or hearing officer, may hold the party in default and either adjourn the proceedings or conduct them without the participation of that party, having due regard for the interest of justice and the orderly and prompt conduct of the proceedings.
(b)
If the proceedings are conducted without the participation of the party in default, the administrative judge or hearing officer, hearing the case alone, shall include in the initial order a written notice of default, otherwise, the agency, sitting with the administrative judge or hearing officer, shall include such written notice of default in the final order. If the proceedings are adjourned and not conducted, the administrative judge or hearing officer, hearing the case alone, may render an initial default order, otherwise, the agency, sitting with the administrative judge or hearing officer, may render a final default order. All default orders and notices of default in default orders shall include a written statement of the grounds for the default.
(c)
A party may petition to have a default set aside by filing a timely petition for reconsideration as provided in §
4-5-317
.
(d)
If a party fails to file a timely petition for reconsideration or the petition is not granted, the administrative judge or hearing officer, sitting alone, or agency, sitting with the administrative judge or hearing officer, shall conduct any further proceedings necessary to complete the contested case without the participation of the defaulting party and shall determine all issues in the adjudication, including those affecting the defaulting party.
Acts 1982, ch. 874, § 47.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-310 - Intervention

(a)
The administrative judge or hearing officer shall grant one (1) or more petitions for intervention if:
(1)
The petition is submitted in writing to the administrative judge or hearing officer, with copies mailed to all parties named in the notice of the hearing, at least seven (7) days before the hearing;
(2)
The petition states facts demonstrating that the petitioner's legal rights, duties, privileges, immunities or other legal interest may be determined in the proceeding or that the petitioner qualifies as an intervenor under any law; and
(3)
The administrative judge or hearing officer determines that the interests of justice and the orderly and prompt conduct of the proceedings shall not be impaired by allowing the intervention.
(b)
The agency may grant one (1) or more petitions for intervention at any time, upon determining that the intervention sought is in the interests of justice and shall not impair the orderly and prompt conduct of the proceedings.
(c)
If a petitioner qualifies for intervention, the administrative judge or hearing officer may impose conditions upon the intervenor's participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Conditions may include:
(1)
Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition;
(2)
Limiting the intervenor's use of discovery, cross-examination and other procedures so as to promote the orderly and prompt conduct of the proceedings; and
(3)
Requiring two (2) or more intervenors to combine their presentations of evidence and argument, cross-examination, discovery and other participation in the proceedings.
(d)
The administrative judge, hearing officer or agency, at least twenty-four (24) hours before the hearing, shall render an order granting or denying each pending petition for intervention, specifying any conditions, and briefly stating the reasons for the order. The administrative judge, hearing officer or agency may modify the order at any time, stating the reasons for the modification. The administrative judge, hearing officer or agency shall promptly give notice of an order granting, denying or modifying intervention to the petitioner for intervention and to all parties.
Acts 1982, ch. 874, § 48.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-311 - Discovery - Subpoenas - Protective orders

(a)
The administrative judge or hearing officer, at the request of any party, shall issue subpoenas, effect discovery, and issue protective orders, in accordance with the Tennessee Rules of Civil Procedure, except that service in contested cases may be by certified mail in addition to means of service provided by the Tennessee Rules of Civil Procedure. The director of the administrative procedures division of the secretary of state's office may issue subpoenas on behalf of an administrative judge employed by the secretary of state. The administrative judge or hearing officer shall decide any objection relating to discovery under this chapter or the Tennessee Rules of Civil Procedure. Witnesses under subpoena shall be entitled to the same fees as are now or may hereafter be provided for witnesses in civil actions in the circuit court and, unless otherwise provided by law or by action of the agency, the party requesting the subpoenas shall bear the cost of paying fees to the witnesses subpoenaed.
(b)
In case of disobedience to any subpoena issued and served under this section or to any lawful agency requirement for information, or of the refusal of any person to testify in any matter regarding which such person may be interrogated lawfully in a proceeding before an agency, the agency may apply to the circuit or chancery court of the county of such person's residence, or to any judge or chancellor thereof, for an order to compel compliance with the subpoena or the furnishing of information or the giving of testimony. Forthwith, the court shall cite the respondent to appear and shall hear the matter as expeditiously as possible. If the disobedience or refusal is found to be unlawful, the court shall enter an order requiring compliance. Disobedience of such order shall be punished as contempt of court in the same manner and by the same procedure as is provided for like conduct committed in the course of judicial proceedings.
(c)
The agency may promulgate rules to further prevent abuse and oppression in discovery.
(d)
Any party to a contested case shall have the right to inspect the files of the agency with respect to the matter and to copy therefrom, except that records, the confidentiality of which is protected by law, may not be inspected.
Amended by 2022 Tenn. Acts, ch. 833, s 3, eff. 7/1/2022.
Acts 1974, ch. 725, §§ 10, 11; 1975, ch. 370, § 4; 1978, ch. 938, §§ 9, 10, 11; T.C.A., §§ 4-516, 4-517, 4-5-110(b), 4-5-111(c); Acts 1982, ch. 874, §§ 49, 50.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-312 - Procedure at hearing

(a)
The administrative judge or hearing officer shall regulate the course of the proceedings, in conformity with the prehearing order if any.
(b)
To the extent necessary for full disclosure of all relevant facts and issues, the administrative judge or hearing officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order.
(c)
The administrative judge or hearing officer and agency members may, by agreement of the parties, conduct all or part of the hearing telephonically, electronically, or by audio-visual means if each participant in the hearing has an opportunity to participate in, hear, and, if technically feasible, see the entire proceedings while the proceedings are taking place. Notwithstanding this authority, the administrative judge or hearing officer may permit the testimony of a witness by contemporaneous audio-visual transmission from a different location when the absence of the witness would otherwise cause a delay to the hearing.
(d)
The hearing must be open to public observation pursuant to title 8, chapter 44, unless otherwise provided by state or federal law. To the extent that a hearing is conducted telephonically, electronically, or by audio-visual means, the availability of public observation may be satisfied by giving members of the public an opportunity, at reasonable times, to hear or view a recording, as applicable, and to inspect a transcript obtained by the agency, except as otherwise provided by §
50-7-701
.
Amended by 2022 Tenn. Acts, ch. 833, s 5, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 833, s 4, eff. 7/1/2022.
Acts 1982, ch. 874, § 51.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-316 - Stay

A party may submit to the agency a petition for stay of effectiveness of an initial or final order within seven (7) days after its entry unless otherwise provided by statute or stated in the initial or final order. The agency may take action on the petition for stay, either before or after the effective date of the initial or final order.
Acts 1982, ch. 874, § 56.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-317 - Reconsideration

(a)
A party, within fifteen (15) days after entry of an initial or final order, may file a petition for reconsideration, stating the specific grounds upon which relief is requested. A petition for reconsideration of a final order that has become a final order by operation of law when no party timely filed a petition for reconsideration of an initial order or when the petition for reconsideration of an initial order was denied is not permitted. The filing of a petition for reconsideration is not a prerequisite for seeking administrative or judicial review.
(b)
The petition shall be disposed of by the same person or persons who rendered the initial or final order, if available.
(c)
The person or persons who rendered the initial or final order that is the subject of the petition, shall, within twenty (20) days of receiving the petition, enter a written order either denying the petition, granting the petition and setting the matter for further proceedings; or granting the petition and issuing a new order, initial or final, in accordance with §
4-5-314
. If no action has been taken on the petition within twenty (20) days, the petition shall be deemed to have been denied.
(d)
An order granting the petition and setting the matter for further proceedings shall state the extent and scope of the proceedings, which shall be limited to argument upon the existing record, and no new evidence shall be introduced unless the party proposing such evidence shows good cause for such party's failure to introduce the evidence in the original proceeding.
(e)
The sixty-day period for a party to file a petition for review of a final order shall be tolled by granting the petition and setting the matter for further proceedings, and a new sixty-day period shall start to run upon disposition of the petition for reconsideration by issuance of a final order by the agency.
Amended by 2022 Tenn. Acts, ch. 833, s 7, eff. 7/1/2022.
Acts 1982, ch. 874, § 58; 2000, ch. 594, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-318 - Effectiveness of new order

(a)
Unless a later date is stated in an initial or final order, or a stay is granted, an initial or final order shall become effective upon entry of the initial or final order. All initial and final orders shall state when the order is entered and effective.
(b)
If the agency has utilized an administrative judge from the administrative procedures division of the office of the secretary of state, the initial or final order shall not be deemed entered until the initial or final order has been filed with the administrative procedures division.
(c)
The agency shall establish which agency members, officials or employees may sign final orders rendered by the agency.
(d)
A party is not required to comply with a final order unless the final order has been mailed to the last known address of the party or the party's attorney, the final order has been delivered by electronic means to the last known electronic address of the party or the party's attorney, or the party has actual knowledge of the final order.
(e)
A nonparty may not be required to comply with a final order unless the agency has made the final order available for public inspection and copying or unless the nonparty has actual knowledge of the final order.
(f)
Unless a later date is stated in an initial order or a stay is granted, the time when an initial order becomes a final order in accordance with §
4-5-314
shall be as follows:
(1)
When the initial order is entered, if administrative review is unavailable;
(2)
When the agency enters an order stating, after a petition for appeal has been filed, that review will not be exercised, if discretion is available to make a determination to this effect; or
(3)
Fifteen (15) days after entry of the initial order, if no party has filed a petition for appeal and the agency has not given written notice of its intention to exercise review.
(g)
An initial order that becomes a final order in accordance with subsection (f) and §
4-5-314
shall be effective upon becoming a final order; provided, that:
(1)
A party may not be required to comply with the final order unless the party has been served with or has actual knowledge of the initial order or of an order stating that review will not be exercised; and
(2)
A nonparty may not be required to comply with the final order unless the agency has made the initial order available for public inspection and copying or the nonparty has actual knowledge of the initial order or of an order stating that review will not be exercised.
(h)
This section shall not preclude an agency from taking immediate action to protect the public interest in accordance with §
4-5-320
.
Amended by 2022 Tenn. Acts, ch. 833, s 8, eff. 7/1/2022.
Acts 1982, ch. 874, § 59; 2001, ch. 304, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-319 - Agency record

(a)
An agency shall maintain an official record of each contested case under this chapter. The record shall be maintained for a period of time not less than three (3) years; provided, that the department of labor and workforce development shall be required to maintain the record for such period of time as shall be determined by the agency or otherwise required by law.
(b)
The agency record shall consist solely of:
(1)
Notice of all proceedings;
(2)
Any prehearing order;
(3)
Any motions, pleadings, briefs, petitions, requests and intermediate rulings;
(4)
Evidence received or considered;
(5)
A statement of matters officially noticed;
(6)
Proffers of proof and objections and rulings thereon;
(7)
Proposed findings, requested orders, and exceptions;
(8)
The tape recording, stenographic notes or symbols, or transcript of the hearing;
(9)
Any final order, initial order, or order on reconsideration;
(10)
Staff memoranda or data submitted to the agency unless prepared and submitted by personal assistants and not inconsistent with §
4-5-304(b)
; and
(11)
Matters placed on the record after an ex parte communication.
(c)
A record, which may consist of a tape, electronic recording, or digital recording, must be made of all oral proceedings. Such record or a part thereof must be transcribed on request of a party at such party's expense or may be transcribed by the agency at the agency's expense. If the agency elects to transcribe the proceedings, then a party must be provided copies of the transcript upon payment to the agency of a reasonable compensatory fee. Notwithstanding the requirement to make a record of all oral proceedings, a record of a prehearing conference is not required to be made.
(d)
Except to the extent that this chapter or another statute provides otherwise, the agency record shall constitute the exclusive basis for agency action in adjudicative proceedings under this chapter, and for judicial review thereof.
Amended by 2022 Tenn. Acts, ch. 833, s 9, eff. 7/1/2022.
Acts 1974, ch. 725, § 8; 1975, ch. 370, §§ 3, 12; 1978, ch. 938, §§ 4, 5; T.C.A., §§ 4-514, 4-5-108(g); Acts 1982, ch. 874, § 60; 1999, ch. 520, § 27; 2011 , ch. 82, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-321 - Administrative procedures division - Policies and procedures - Code of conduct

(a)
There is created in the office of the secretary of state a division to be known as the administrative procedures division. This division has the responsibility to:
(1)
Investigate any conflicts or inequities that may develop between federal administrative procedures, and state administrative procedures and propose any amendments to this chapter to correct those inconsistencies and inequities as they develop;
(2)
Establish and maintain in cooperation with the office of the attorney general and reporter a pool of administrative judges and hearing officers, who shall be learned in the law; and
(3)
[Deleted by 2022 amendment.]
(4)
Perform any and all other functions assigned to the secretary of state under this chapter and delegated by the secretary of state to the administrative procedures division.
(b)
The secretary of state shall adopt by rule, promulgated in accordance with the rulemaking requirements of this chapter, policies and procedures, including a code of conduct, to be followed by all administrative judges and hearing officers.
Amended by 2022 Tenn. Acts, ch. 833, s 11, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 833, s 10, eff. 7/1/2022.
Acts 1974, ch. 725, § 21; 1975, ch. 370, § 17; 1978, ch. 938, § 16; 1979, ch. 371, § 2; T.C.A., §§ 4-527, 4-5-121(a); Acts 1982, ch. 874, § 62; 1984, ch. 728, § 12; 1986, ch. 738, § 4.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-323 - Appeals to court of appeals

(a)
An aggrieved party may obtain a review of any final judgment of the chancery court under this chapter by appeal to the court of appeals of Tennessee.
(b)
The record certified to the chancery court and the record in the chancery court shall constitute the record in an appeal. Evidence taken in court pursuant to §
4-5-322(g)
shall become a part of the record.
(c)
The procedure on appeal shall be governed by the Tennessee Rules of Appellate Procedure.
Acts 1974, ch. 725, § 18; 1977, ch. 298, § 1; T.C.A., § 4-524; Acts 1981, ch. 449, § 2; T.C.A., § 4-5-118; Acts 1982, ch. 874, § 64.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-324 - Training program for administrative judges or hearing officers

(a)
Each person employed to serve as an administrative judge or hearing officer within the executive branch shall, within the six-month period following the date of such employment, participate in a program of training for administrative judges and hearing officers conducted by the department of human resources, division of training. The department shall issue a certificate of participation to each judge or officer whose attendance is satisfactory.
(b)
An administrative judge or hearing officer who hears contested cases referred to the office of the secretary of state by a public institution of postsecondary or higher education involving allegations of sexual assault, dating violence, domestic violence, or stalking shall annually participate in training that satisfies the requirements of Title IX of the Education Amendments of 1972 (
20 U.S.C. § 1681
), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (
20 U.S.C. § 1092(f)
), and the federal regulations implementing those statutes, as amended.
Amended by 2018 Tenn. Acts, ch. 980,s 2, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 134,s 1, eff. 4/17/2017.
Acts 1986, ch. 738, § 4; 2007, ch. 60, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-325 - Payment of costs to respondent

(a)
(1)
When a state agency issues a notice to a person, local governmental entity, board, or commission for the violation of a rule or statute and the notice results in a contested case hearing, at the conclusion of the contested case hearing, the hearing officer or administrative judge may order the state agency to pay to the respondent the reasonable expenses incurred because of the notice, including a reasonable attorney's fee, if the hearing officer or administrative judge determines that:
(A)
(i)
The claims contained in the notice are not warranted by existing law nor by a nonfrivolous argument for the extension or modification of existing law; and
(ii)
The claims contained in the notice do not have evidentiary support; or
(B)
The state agency issued the notice to harass, cause unnecessary delay, or cause needless expense to the party issued the notice.
(2)
Subdivision (a)(1) is not satisfied simply by a state agency failing to prevail against the respondent.
(3)
If the hearing officer or administrative judge orders the state agency to pay the respondent the reasonable expenses incurred, then the hearing officer or administrative judge shall set forth in a written order the findings of facts and conclusions of law upon which the determinations are based.
(b)
If a final decision in a contested case hearing results in a respondent seeking judicial review under §
4-5-322
, then the judge conducting the review may, at the conclusion of the hearing, make the same findings and enter the same order as authorized by the hearing officer or administrative judge pursuant to subsection (a).
(c)
For purposes of this section:
(1)
"Notice" means a document required by §
4-5-307(b)
; and
(2)
"Respondent" means a party to whom a state agency issues a notice.
Amended by 2022 Tenn. Acts, ch. 833, s 12, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 403, s 1, eff. 5/12/2021.
Acts 1994, ch. 869, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 3 - CONTESTED CASES (§§ 4-5-301 — 4-5-326) › Section 4-5-326 - Interpretation of statute or rule de novo

In interpreting a state statute or rule, a court presiding over the appeal of a judgment in a contested case shall not defer to a state agency's interpretation of the statute or rule and shall interpret the statute or rule de novo. After applying all customary tools of interpretation, the court shall resolve any remaining ambiguity against increased agency authority.
Added by 2022 Tenn. Acts, ch. 883,s 1, eff. 4/14/2022.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 4 - REGULATORY FLEXIBILITY ACT OF 2007 (§§ 4-5-401 — 4-5-404) › Section 4-5-401 - Short title

This part shall be known and may be cited as the "Regulatory Flexibility Act of 2007."
Acts 2007, ch. 464, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 4 - REGULATORY FLEXIBILITY ACT OF 2007 (§§ 4-5-401 — 4-5-404) › Section 4-5-402 - Analysis of impact on small business

(a)
Prior to initiating the rulemaking process as described in §§
4-5-202(a)(2)
and
4-5-203(a)
, all agencies shall conduct a review as to if a rule affects small businesses.
(b)
Each agency shall, after June 21, 2007, employ a regulatory flexibility analysis utilizing regulatory methods that accomplish the objectives of applicable statutes while minimizing any adverse impact on small business. The agency shall consider, but not be limited to, each of the following methods of reducing the impact the rule being proposed has on small businesses while remaining consistent with health, safety, and well-being:
(1)
The extent to which the rule may overlap, duplicate, or conflict with other federal, state, and local governmental rules;
(2)
Clarity, conciseness, and lack of ambiguity in the rule;
(3)
The establishment of flexible compliance and reporting requirements for small businesses;
(4)
The establishment of friendly schedules or deadlines for compliance and reporting requirements for small businesses;
(5)
The consolidation or simplification of compliance or reporting requirements for small businesses;
(6)
The establishment of performance standards for small businesses as opposed to design or operational standards required in the rule being proposed; and
(7)
The unnecessary creation of entry barriers or other effects that stifle entrepreneurial activity, curb innovation, or increase costs.
Amended by 2021 Tenn. Acts, ch. 531, Secs.s12, s13 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 531, s 11, eff. 7/1/2021.
Acts 2007 , ch. 464, § 4; 2009 , ch. 566, § 23.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 4 - REGULATORY FLEXIBILITY ACT OF 2007 (§§ 4-5-401 — 4-5-404) › Section 4-5-403 - Preparation of economic impact statement

As part of the rulemaking process for any rule being proposed that may have an impact on small businesses, each agency shall prepare an economic impact statement as an addendum for each rule that is deemed to affect small businesses, which shall be published in the Tennessee administrative register, filed with the secretary of state and made available to all interested parties, including the secretary of state, attorney general and reporter and the government operations committees of the senate and the house of representatives, and as described for rules in part 2 of this chapter. The secretary of state may require the online submission of economic impact statements filed pursuant to this part. The statement shall include the following:
(1)
The type or types of small business and an identification and estimate of the number of small businesses subject to the rule being proposed that would bear the cost of, or directly benefit from the rule being proposed;
(2)
The projected reporting, recordkeeping and other administrative costs required for compliance with the rule being proposed, including the type of professional skills necessary for preparation of the report or record;
(3)
A statement of the probable effect on impacted small businesses and consumers;
(4)
A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the rule being proposed that may exist, and to what extent the alternative means might be less burdensome to small business;
(5)
A comparison of the rule being proposed with any federal or state counterparts; and
(6)
Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the rule being proposed.
Amended by 2021 Tenn. Acts, ch. 531, s 14, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 576, s 8, eff. 7/1/2016.
Acts 2007 , ch. 464, § 5.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 4 - REGULATORY FLEXIBILITY ACT OF 2007 (§§ 4-5-401 — 4-5-404) › Section 4-5-404 - Application

This part shall not apply to rules that are adopted on an emergency basis under part 2 of this chapter, that are federally mandated, or that substantially codify existing state or federal law.
Acts 2007, ch. 464, § 6; 2009, ch. 566, § 12.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 5 - RIGHT TO EARN A LIVING (§§ 4-5-501 — 4-5-502) › Section 4-5-501 - Part definitions

As used in this part:
(1)
"Entry regulation" means:
(A)
Any rule promulgated by a licensing authority for the purpose of regulating an occupational or professional group, including, but not limited to, any rule prescribing qualifications or requirements for a person's entry into, or continued participation in, any business, trade, profession, or occupation in this state; or
(B)
Any policy or practice of a licensing authority that is established, adopted, or implemented by a licensing authority for the purpose of regulating an occupational or professional group, including, but not limited to, any policy or practice relating to the qualifications or requirements of a person's entry into, or continued participation in, any business, trade, profession, or occupation in this state; and
(2)
"Licensing authority" means any state regulatory board, commission, council, or committee in the executive branch of state government established by statute or rule that issues any license, certificate, registration, certification, permit, or other similar document for the purpose of entry into, or regulation of, any occupational or professional group. "Licensing authority" does not include any state regulatory board, commission, council, or committee that regulates a person under title 63 or title 68, chapter 11 or 140.
Added by 2016 Tenn. Acts, ch. 1053,s 2, eff. 4/28/2016.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 6 - DEPARTMENT OF CORRECTION - ADMINISTRATION OF INSTITUTIONS (§§ 4-6-101 — 4-6-202) › Part 1 - GENERAL PROVISIONS (§§ 4-6-101 — 4-6-149) › Section 4-6-101 - Charitable institutions free from charters

All charitable institutions owned and operated by the state are declared to be a part of the state government, and shall be operated and maintained as such, free from the control of any charter of incorporation, or any portion of any act of the general assembly for incorporation.
Acts 1923, ch. 105, § 1; Shan. Supp., § 2677a1; Code 1932, § 4566; T.C.A. (orig. ed.), § 4-601.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 6 - DEPARTMENT OF CORRECTION - ADMINISTRATION OF INSTITUTIONS (§§ 4-6-101 — 4-6-202) › Part 1 - GENERAL PROVISIONS (§§ 4-6-101 — 4-6-149) › Section 4-6-102 - Penitentiaries for adults - Management by department of correction

The management and government of the state penitentiaries for adults are vested in the department of correction. It has all the power necessary for the full and efficient exercise of the executive, administrative, and fiscal supervision over all such institutions, except as otherwise expressly provided.
Acts 1919, ch. 39, § 2; impl. am. Acts 1921, ch. 4, § 1; impl. am. Acts 1923, ch. 7, § 42; Shan. Supp., § 312b; 2; mod. Code 1932, § 371; impl. am. Acts 1935, ch. 186, § 1; C. Supp. 1950, § 371; impl. am. Acts 1953, ch. 27, § 1; impl. am. Acts 1955, ch. 102, § 1; modified; T.C.A. (orig. ed.), § 4-602; Acts 1989, ch. 278, § 22.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 6 - DEPARTMENT OF CORRECTION - ADMINISTRATION OF INSTITUTIONS (§§ 4-6-101 — 4-6-202) › Part 1 - GENERAL PROVISIONS (§§ 4-6-101 — 4-6-149) › Section 4-6-103 - Wardens and superintendents - Appointment

The state penitentiary shall be under the immediate executive control and management of a warden, and each of the other penal, reformatory or charitable institutions of the state shall be under the executive control and management of a superintendent, all subject to the rules and regulations of the department vested with control of such institution and this chapter, the superintendents and wardens to be appointed by the commissioner vested with the administration of such institutions, with the approval of the governor.
Acts 1919, ch. 39, § 8; 1921, ch. 1, § 2; impl. am. Acts 1923, ch. 7, §§ 1, 2, 5, 42; Shan. Supp., § 312b10; Code 1932, § 379; modified; T.C.A. (orig. ed.), § 4-610.