Tennessee Code Annotated

Tenn. Code Ann. § 4-5-102 (2026)

Chapter definitions

✓ current as of May 2026

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As used in this chapter, unless the context otherwise requires:

(1) "Administrative judge" means an agency member, agency employee or employee or official of the office of the secretary of state, licensed to practice law and authorized by law to conduct contested case proceedings pursuant to § 4-5-301;

(2) "Agency" means each state board, commission, committee, department, officer, or any other unit of state government authorized or required by any statute or constitutional provision to make rules or to determine contested cases;

(3) "Contested case" means a proceeding, including a declaratory proceeding, in which the legal rights, duties or privileges of a party are required by any statute or constitutional provision to be determined by an agency after an opportunity for a hearing. Such proceeding may include rate making; price fixing; granting of certificates of convenience and necessity; the making, review or equalization of tax assessments; the granting or denial of licenses, permits or franchises where the licensing board is not required to grant the licenses, permits or franchises upon the payment of a fee or the finding of certain clearly defined criteria; and suspensions of, revocations of, and refusals to renew licenses. An agency may commence a contested case at any time with respect to a matter within the agency's jurisdiction;

(4) "Hearing officer" means an agency member, agency employee or employee or official of the office of the secretary of state, not licensed to practice law, and authorized by law to conduct a contested case proceeding pursuant to § 4-5-301;

(5) "License" includes the whole or part of any agency, permit, certificate, approval, registration, charter or similar form of permission required by law;

(6) "Licensing" includes the agency process respecting the grant, denial, renewal, revocation, suspension, withdrawal or amendment of a license;

(7) "Order" means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of a specific person or persons;

(8) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;

(9) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character, including another agency;

(10) "Policy" means any statement, document, or guideline prepared or issued by any agency pursuant to its delegated authority that merely defines or explains the meaning of a statute or a rule. "Policy" also means any statement, document, or guideline concerning only the internal management of state government that does not affect private rights, privileges, or procedures available to the public. For purposes of this subdivision (10), "internal management" means the administration of an agency's internal operations for the purpose of facilitating operational effectiveness and efficiency;

(11) "Publication" means a posting of materials on the appropriate website by the secretary of state that have been submitted in accordance with this chapter or any other information for which the secretary of state is responsible;

(12) "Rule" means any agency regulation, standard, statement, or document of general applicability that is not a policy as defined in subdivision (10) that:
- (A) Describes the procedure or practice requirements of an agency; or
- (B) Implements, prescribes, or interprets an enactment of the general assembly or congress or a regulation adopted by a federal agency. "Rule" includes the establishment of a fee and the amendment or repeal of a prior rule. "Rule" does not include:
  - (i) Declaratory orders issued pursuant to § 4-5-223;
  - (ii) Intra-agency memoranda;
  - (iii) General policy statements that are substantially repetitious of existing law;
  - (iv) Agency statements that:
    - (a) Relate to the use of the highways and are made known to the public by means of signs or signals; or
    - (b) Relate to the curriculum of individual state-supported institutions of postsecondary education or to the admission or graduation of students of such individual institutions but not to the discipline or housing of students;
  - (v) Rate filings pursuant to title 56, chapters 5 and 6; or
  - (vi) Statements concerning inmates of a correctional or detention facility, or statements concerning offenders who are serving a sentence under probation or parole in the community; and

(13) "Small business" means a business entity, including its affiliates, that employs fifty (50) or fewer full-time employees.

Amended by 2018 Tenn. Acts, ch. 929, s 2, eff. 7/1/2018.

Amended by 2018 Tenn. Acts, ch. 929, s 1, eff. 7/1/2018.

Acts 1974, ch. 725, § 2; 1975, ch. 370, § 1; 1976, ch. 388, § 1; 1976, ch. 573, § 1; T.C.A., § 4-508; Acts 1982, ch. 874, § 1; 1984, ch. 728, §§ 9, 10; 1998, ch. 740, § 1; 2007 , ch. 464, § 1; 2009 , ch. 566, § 1.

Notes of Decisions

Cited in 83 cases (5 in the last 5 years), 1980–2025 · leading case: Abdur'Rahman v. Bredesen, 181 S.W.3d 292 (Tenn. 2005).

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Abdur'Rahman v. Bredesen, 181 S.W.3d 292 (Tenn. 2005). · cites it 10× “§ 4-5-102(10). However, a “rule” does not include “[statements concerning only the internal management of state government and not affecting private rights, privileges or procedures available to the public,” TenmCode Ann.”

Tennessee Cable Television Ass'n v. Tennessee Pub. Serv. Comm'n, 844 S.W.2d 151 (Tenn. Ct. App. 1992). · cites it 16× “" Tenn. Code Ann. § 4-5-102 (10) (1991) likewise defines a rule as "each agency statement of general applicability that implements or prescribes law or policy or describes the procedures or practice requirements of any agency.”

Bishop v. Conley, 894 S.W.2d 294 (Tenn. Crim. App. 1994). · cites it 13× “2d at 536 (the definitions in Tenn. Code Ann. § 4-5-102 are extremely broad and are modified by specific exceptions in § 4-5-106).”

Bowling v. Kentucky Dep't of Corr., 301 S.W.3d 478 (Ky. 2010). · cites it 6× “The protocol instead fits squarely within two exceptions to the meaning of "rule": statements concerning only the internal management of state government and not affecting private rights privileges or procedures available to the public, Tenn. Code Ann. § 4-5-102 (10)(A), and…”

Tennessee Env't Council v. Water Quality Control Bd., 250 S.W.3d 44 (Tenn. Ct. App. 2007). · cites it 7× “His employment dispute with Shelby State, accordingly, did not constitute a contested case under Tenn. Code Ann. § 4-5-102 (3). The record indicates that Shelby State appealed the administrative law judge’s July 1994 reinstatement order to its interim president.”

State v. Thompson, 197 S.W.3d 685 (Tenn. 2006). · cites it 5× “The statute provides that a state agency “means any entity of the state as defined in § 4-5-102(2).” Tenn. Code Ann. § 29-37-103 (4).”

Daniels v. Wadley, 926 F. Supp. 1305 (M.D. Tenn. 1996). · cites it 12× “An enrollee’s claim is not heard before an administrative judge or hearing officer, as defined by T.C.A. § 4-5-102, until after the enrollee has waded through several stages of preliminary review.”

Colonial Pipeline Co. v. Morgan, 263 S.W.3d 827 (Tenn. 2008). · cites it 2× “” Tenn.Code Ann. § 4-5-102(2) (“ ‘Agency1 means each state board, commission, committee, department, officer, or any other unit of state government authorized or required by any statute or constitutional provision to make rules or to determine contested cases.”

Mandela v. Campbell, 978 S.W.2d 531 (Tenn. 1998). · cites it 6× “Tenn.Code Ann. § 4-5-102(10). The appellants’ claims are dismissed.”

McClellan v. Bd. of Regents of the State Univ., 921 S.W.2d 684 (Tenn. 1996). · cites it 4× “Tenn.Code Ann. § 4-5-102(2) (1991 Repl.).”

State Ex Rel. Comm'r of the Dep't of Transp. v. Thomas, 336 S.W.3d 588 (Tenn. Ct. App. 2010). · cites it 4× “” T.C.A. § 4-5-102(3) (2005 & Supp.2009). Furthermore, if a permit applicant requests a declaratory order from TDOT, and TDOT refuses to issue such an order, the applicant may file a petition for a declaratory judgment.”

E. Ron Pickard v. Tennessee Water Quality Control Bd., 424 S.W.3d 511 (Tenn. 2013). · cites it 2× “The subsection in its entirety now says: A petition for permit appeal may be filed by the permit applicant or by any aggrieved person who participated in the public comment period or gave testimony at a formal public hearing whose appeal is based upon any of the issues that were…”

Show all 83 citing cases →

— Tenn. Code Ann. § 4-5-102(1) — 6 cases

Jackson Mobilphone Co. v. Tennessee Pub. Serv. Comm., 876 S.W.2d 106 (Tenn. Ct. App. 1993).

Daniels v. Wadley, 926 F. Supp. 1305 (M.D. Tenn. 1996). “An enrollee’s claim is not heard before an administrative judge or hearing officer, as defined by T.C.A. § 4-5-102, until after the enrollee has waded through several stages of preliminary review.”

Robert B. Elliott v. The Univ. of Tennessee, 766 F.2d 982 (6th Cir. 1985).

Laidlaw Env't Servs. of Nashville, Inc. v. Metro. Bd. of Health for Nashville & Davidson Cnty., 934 S.W.2d 40 (Tenn. Ct. App. 1996).

Ogden v. Kelley, 594 S.W.2d 702 (Tenn. 1980).

— Tenn. Code Ann. § 4-5-102(10) — 12 cases

Abdur'Rahman v. Bredesen, 181 S.W.3d 292 (Tenn. 2005). “§ 4-5-102(10). However, a “rule” does not include “[statements concerning only the internal management of state government and not affecting private rights, privileges or procedures available to the public,” TenmCode Ann.”

Mandela v. Campbell, 978 S.W.2d 531 (Tenn. 1998). “Tenn.Code Ann. § 4-5-102(10). The appellants’ claims are dismissed.”

Bowling v. Kentucky Dep't of Corr., 301 S.W.3d 478 (Ky. 2010). “The protocol instead fits squarely within two exceptions to the meaning of "rule": statements concerning only the internal management of state government and not affecting private rights privileges or procedures available to the public, Tenn. Code Ann. § 4-5-102 (10)(A), and…”

Tennessee Cable Television Ass'n v. Tennessee Pub. Serv. Comm'n, 844 S.W.2d 151 (Tenn. Ct. App. 1992). “" Tenn. Code Ann. § 4-5-102 (10) (1991) likewise defines a rule as "each agency statement of general applicability that implements or prescribes law or policy or describes the procedures or practice requirements of any agency.”

Fuller v. Campbell, 109 S.W.3d 737 (Tenn. Ct. App. 2003).

— Tenn. Code Ann. § 4-5-102(10)(A) — 4 cases

Mandela v. Campbell, 978 S.W.2d 531 (Tenn. 1998). “Tenn.Code Ann. § 4-5-102(10). The appellants’ claims are dismissed.”

Jammi v. Conley, 958 S.W.2d 123 (Tenn. Ct. App. 1997).

Fuller v. Campbell, 109 S.W.3d 737 (Tenn. Ct. App. 2003).

— Tenn. Code Ann. § 4-5-102(10)(G) — 3 cases

Settle v. Tennessee Dep't of Corr., 276 S.W.3d 420 (Tenn. Ct. App. 2008).

— Tenn. Code Ann. § 4-5-102(12)(A) — 1 case

Tennessee Cmty. Organizations v. Tennessee Dep't of Intellectual & Developmental Disabilities (Tenn. Ct. App. 2018).

— Tenn. Code Ann. § 4-5-102(2) — 16 cases

State v. Thompson, 197 S.W.3d 685 (Tenn. 2006). “The statute provides that a state agency “means any entity of the state as defined in § 4-5-102(2).” Tenn. Code Ann. § 29-37-103 (4).”

Colonial Pipeline Co. v. Morgan, 263 S.W.3d 827 (Tenn. 2008). “” Tenn.Code Ann. § 4-5-102(2) (“ ‘Agency1 means each state board, commission, committee, department, officer, or any other unit of state government authorized or required by any statute or constitutional provision to make rules or to determine contested cases.”

McClellan v. Bd. of Regents of the State Univ., 921 S.W.2d 684 (Tenn. 1996). “Tenn.Code Ann. § 4-5-102(2) (1991 Repl.).”

Laidlaw Env't Servs. of Nashville, Inc. v. Metro. Bd. of Health for Nashville & Davidson Cnty., 934 S.W.2d 40 (Tenn. Ct. App. 1996).

— Tenn. Code Ann. § 4-5-102(3) — 19 cases

Tennessee Env't Council v. Water Quality Control Bd., 250 S.W.3d 44 (Tenn. Ct. App. 2007). “His employment dispute with Shelby State, accordingly, did not constitute a contested case under Tenn. Code Ann. § 4-5-102 (3). The record indicates that Shelby State appealed the administrative law judge’s July 1994 reinstatement order to its interim president.”

State Ex Rel. Comm'r of the Dep't of Transp. v. Thomas, 336 S.W.3d 588 (Tenn. Ct. App. 2010). “” T.C.A. § 4-5-102(3) (2005 & Supp.2009). Furthermore, if a permit applicant requests a declaratory order from TDOT, and TDOT refuses to issue such an order, the applicant may file a petition for a declaratory judgment.”

E. Ron Pickard v. Tennessee Water Quality Control Bd., 424 S.W.3d 511 (Tenn. 2013). “The subsection in its entirety now says: A petition for permit appeal may be filed by the permit applicant or by any aggrieved person who participated in the public comment period or gave testimony at a formal public hearing whose appeal is based upon any of the issues that were…”

Tidwell v. City of Memphis, 193 S.W.3d 555 (Tenn. 2006).

— Tenn. Code Ann. § 4-5-102(4) — 1 case

— Tenn. Code Ann. § 4-5-102(7) — 2 cases

Hughley v. State, 208 S.W.3d 388 (Tenn. 2006).

Grand River Dam Auth. v. State, 645 P.2d 1011 (Okla. 1982).

— Tenn. Code Ann. § 4-5-102(9) — 2 cases

Tennessee Env't Council, Inc. v. Tennessee Water Quality Control Bd., 254 S.W.3d 396 (Tenn. Ct. App. 2007).

United Cities Gas Co. v. Tennessee Pub. Serv. Comm'n, 789 S.W.2d 256 (Tenn. 1990).

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