Tennessee Code Annotated
Tenn. Code Ann. § 4-5-103 (2026)
Construction of chapter
✓ current as of May 2026
- (a)
- (1) This chapter shall not be construed as in derogation of the common law, but as remedial legislation designed to clarify and bring uniformity to the procedure of state administrative agencies and judicial review of their determination and shall be applied accordingly.
- (2) Administrative agencies shall have no inherent or common law powers, and shall only exercise the powers conferred on them by statute or by the federal or state constitutions.
- (b) This chapter does not repeal § 65-2-110, and where there is a conflict between this chapter and that section, that section shall control. In any other case of conflict between this chapter and any statute, whether general or specific, this chapter shall control; however, compliance with the procedures prescribed by this chapter does not obviate the necessity of complying with procedures prescribed by other provisions of this code.
- (c) Nothing in this chapter shall be held to modify or repeal the statutes with respect to payment of taxes under protest and suits for the recovery thereof.
Amended by 2016 Tenn. Acts, ch. 859,s 1, eff. 7/1/2016.
Acts 1974, ch. 725, § 19; 1975, ch. 370, § 15; 1978, ch. 938, §§ 14, 15; T.C.A., §§ 4-525, 4-5-119; Acts 1982, ch. 874, §§ 2, 25, 26.
Notes of Decisions
Cited in 23
cases (8 in the last 5 years), 1990–2026 · leading case: Bishop v. Conley, 894 S.W.2d 294 (Tenn. Crim. App. 1994).
Bishop v. Conley, 894 S.W.2d 294 (Tenn. Crim. App. 1994). “" Tenn. Code Ann. § 4-5-103 (a). The UAPA applies to all existing agencies and to all pending administrative proceedings unless they are expressly exempted.”
Colonial Pipeline Co. v. Morgan, 263 S.W.3d 827 (Tenn. 2008). “Tenn.Code Ann. § 4-5-103(a) (stating that the Act should not be construed “in derogation of the common law”).”
Tidwell v. City of Memphis, 193 S.W.3d 555 (Tenn. 2006). “See Tenn.Code Ann. § 4-5-103(a) (2005). Applying the foregoing to this case, we conclude that the City’s OJI Panel was acting as the functional equivalent of a civil service board by holding hearings, analyzing evidence, and determining appeals from administrative decisions to…”
Mid-South Indoor Horse Racing, Inc. v. Tennessee State Racing Comm'n, 798 S.W.2d 531 (Tenn. Ct. App. 1990). “The definitions and the rules of construction in Tenn.Code Ann. § 4-5-103 have also aided in deciding questions involving the appropriate standard for reviewing agency decisions.”
McClellan v. Bd. of Regents of the State Univ., 921 S.W.2d 684 (Tenn. 1996). “Tenn.Code Ann. § 4-5-103(a) (1991 Repl.).”
Mosley v. Tennessee Dep't of Com. & Ins., 167 S.W.3d 308 (Tenn. Ct. App. 2004). “Tennessee Code Annotated section 4-5-103 (1998) provides, in pertinent part: (a) This chapter shall not be construed as in derogation of the common law, but as remedial legislation designed to clarify and bring uniformity to the procedure of state administrative agencies and…”
Schering-Plough Healthcare Prods., Inc. v. State Bd. of Equalization, 999 S.W.2d 773 (Tenn. 1999). “” Tenn.Code Ann. § 4-5-103 (1998 Repl.). The clear language of the statute confers upon certain chancery courts the jurisdictional power to consider petitions for review which are filed within sixty days after entry of the final agency order.”
Richardson v. Tennessee Assessment Appeals Comm'n, 828 S.W.2d 403 (Tenn. Ct. App. 1991). “We further note that The Uniform Administrative Procedures Act, at T.C.A. § 4-5-103 provides in pertinent part as follows: 4-5-103.”
Gonsalves v. Roberts, 905 S.W.2d 931 (Tenn. 1995). “It is designed to clarify and bring uniformity to the procedure of State administrative agencies and judicial review of their determination, T.C.A. § 4-5-103. Compliance with the procedures prescribed in Title 4, Chapter 5 does not obviate the necessity of complying with…”
Nw. Airlines, Inc. v. Tennessee State Bd. of Equalization, 861 S.W.2d 232 (Tenn. 1993). “” T.C.A. § 4-5-103(b) and (e), which are part of the Uniform Administrative Procedures Act, provide, in pertinent part, as follows: “(b) .”
Thomas Marlin Roberts v. Tennessee Dep't of Env't & Conservation (Tenn. Ct. App. 2025). “” Tenn. Code Ann. § 4-5-103 (a)(1). The statute also states that the UAPA “shall control” where a conflict arises between itself “and any statute, general or specific[,]” while specifically providing that “compliance with the procedures prescribed by this chapter does not…”
Erin R. Knight v. Tennessee State Bd. Of Educ. (Tenn. Ct. App. 2021). “As an administrative agency,7 the Board has no inherent power and may only exercise such power that is conferred on it statutorily or constitutionally, see Tenn. Code Ann. § 4-5-103 (a)(2), or “by necessary implication from the expressed statutory grant of power,” Wyttenbach v.”
— Tenn. Code Ann. § 4-5-103(a) — 7 cases
Colonial Pipeline Co. v. Morgan, 263 S.W.3d 827 (Tenn. 2008). “Tenn.Code Ann. § 4-5-103(a) (stating that the Act should not be construed “in derogation of the common law”).”
Bishop v. Conley, 894 S.W.2d 294 (Tenn. Crim. App. 1994). “" Tenn. Code Ann. § 4-5-103 (a). The UAPA applies to all existing agencies and to all pending administrative proceedings unless they are expressly exempted.”
Tidwell v. City of Memphis, 193 S.W.3d 555 (Tenn. 2006). “See Tenn.Code Ann. § 4-5-103(a) (2005). Applying the foregoing to this case, we conclude that the City’s OJI Panel was acting as the functional equivalent of a civil service board by holding hearings, analyzing evidence, and determining appeals from administrative decisions to…”
McClellan v. Bd. of Regents of the State Univ., 921 S.W.2d 684 (Tenn. 1996). “Tenn.Code Ann. § 4-5-103(a) (1991 Repl.).”
Mid-South Indoor Horse Racing, Inc. v. Tennessee State Racing Comm'n, 798 S.W.2d 531 (Tenn. Ct. App. 1990). “The definitions and the rules of construction in Tenn.Code Ann. § 4-5-103 have also aided in deciding questions involving the appropriate standard for reviewing agency decisions.”
— Tenn. Code Ann. § 4-5-103(b) — 2 cases
Nw. Airlines, Inc. v. Tennessee State Bd. of Equalization, 861 S.W.2d 232 (Tenn. 1993). “” T.C.A. § 4-5-103(b) and (e), which are part of the Uniform Administrative Procedures Act, provide, in pertinent part, as follows: “(b) .”
Thomas Marlin Roberts v. Tennessee Dep't of Env't & Conservation (Tenn. Ct. App. 2025). “” Tenn. Code Ann. § 4-5-103 (a)(1). The statute also states that the UAPA “shall control” where a conflict arises between itself “and any statute, general or specific[,]” while specifically providing that “compliance with the procedures prescribed by this chapter does not…”
— Tenn. Code Ann. § 4-5-103(c) — 1 case
Thomas Marlin Roberts v. Tennessee Dep't of Env't & Conservation (Tenn. Ct. App. 2025). “” Tenn. Code Ann. § 4-5-103 (a)(1). The statute also states that the UAPA “shall control” where a conflict arises between itself “and any statute, general or specific[,]” while specifically providing that “compliance with the procedures prescribed by this chapter does not…”
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