Tennessee Code Annotated
Tenn. Code Ann. § 4-5-224 (2026)
Declaratory order request - Notices
✓ current as of May 2026
- (a) Whenever an agency is petitioned for a declaratory order, that agency shall:
- (1) Submit electronically to the secretary of state the notice of hearing for publication in the notice section of the administrative register website and, if a statute applicable to the specific agency or a specific rule or class of rules under consideration requires some other form of publication, publish notice as required by that statute in addition to publication in the notice section of the administrative register website; and
- (2) Take such other steps as it deems necessary to convey effective notice to other agencies and professional associations that are likely to have an interest in the declaratory order proceedings.
- (b) Such notices shall include specific information relating to the declaratory order request, including, but not limited to:
- (1) Name of petitioner and an explanation of whom such person or entity purports to represent;
- (2) A summary of the relief requested, including the specific nature of the requested order, and the conclusion or conclusions the petitioner requests that the agency reach following the declaratory proceeding; and
- (3) A detailed outline and summary of the statutes or regulations that the agency is called upon to interpret or upon which it is to rule.
- (c) Notwithstanding § 4-5-223(a)-(c), except in the case of an emergency proceeding that meets the conditions of § 4-5-208, no declaratory order proceeding that calls for a title 63 agency to rule on the meaning of any provision of a licensee's professional licensing act may be set until at least forty-five (45) days after the notice required by this section has been filed with the secretary of state.
Acts 1997 , ch. 162, § 1; 2009 , ch. 566, §§ 17, 18.
Notes of Decisions
Cited in 42
cases, 1987–2010 · leading case: Cashion v. Robertson, 955 S.W.2d 60 (Tenn. Ct. App. 1997).
Cashion v. Robertson, 955 S.W.2d 60 (Tenn. Ct. App. 1997). “We have determined, however, that the complaint fails to state a claim for a declaratory relief under Tenn.Code Ann. § 4-5-224 (1991). I. Amanda Linn Cashion began working for the Department of Mental Health and Mental Retardation (“DMHMR”) on July 25, 1994.”
Richardson v. Tennessee Bd. of Dentistry, 913 S.W.2d 446 (Tenn. 1995). “In fact, both Section 4-5-224 (declaratory judgments) and Section 4^5-322 (judicial review) direct the trial court to determine whether the agency’s action or decision violated a constitutional provision or exceeded the agency’s statutory authority.”
L.L. Bean, Inc. v. Bracey, 817 S.W.2d 292 (Tenn. 1991). “Bean next contends that the chancery court has jurisdiction to render a declaratory judgment in this case, pursuant to T.C.A. § 4-5-224. That statute provides as follows: (a) The legal validity or applicability of a statute, rule or order of an agency to specified circumstances…”
Colonial Pipeline Co. v. Morgan, 263 S.W.3d 827 (Tenn. 2008). “This Court held that the Chancery Court lacked jurisdiction on several grounds, one of which was failure to comply with section 4-5-225 (formerly section 4-5-224). Id. at 293. The ruling concluded that the Chancery Court was “without jurisdiction to consider the…”
Crawford v. Tennessee Consol., 732 S.W.2d 293 (Tenn. Ct. App. 1987). “The defendant moved to dismiss for lack of jurisdiction over the subject matter, citing T.C.A. § 4-5-224 which reads as follows: (a) The legal validity or applicability of a statute, rule or order of an agency to specified circumstances may be determined in a suit for a…”
Powell v. Parole Eligibility Review Bd., 879 S.W.2d 871 (Tenn. Ct. App. 1994). “” In the body of the pleading he alludes to Tenn.Code Ann. § 4-5-224 which provides that the courts may render a declaratory judgment on the “legal validity or applicability of a statute, rule or order of an agency to specified circumstances” when the declaration has been sought…”
Tennessee Env't Council, Inc. v. Tennessee Water Quality Control Bd., 254 S.W.3d 396 (Tenn. Ct. App. 2007). “As an additional issue, the Environmental Council also asserts that the dismissal of the petition prior to issuance of public notice of its fifing circumvented the requirements set forth in Tenn.Code Ann. § 4-5-224. The statute provides that an agency shall give written notice…”
Slagle v. Reynolds, 845 S.W.2d 167 (Tenn. 1992). “T.C.A. § 4-5-224 provides that any person may challenge “[t]he legal validity or applicability of a statute, rule or order of an [administrative] agency .”
Davis v. Sundquist, 947 S.W.2d 155 (Tenn. Ct. App. 1997). “Thus, the Court may not entertain an action for declaratory judgment under section 4-5-224 either.- After the chancery court entered its order, Petitioners filed a copy of a document entitled “Petition for Declaratory Order.”
A'La v. Tennessee Dep't of Corr., 914 S.W.2d 914 (Tenn. Ct. App. 1995). “Finally, petitioner contends that the Chancery Court of Lake County should have taken jurisdiction because his petition for cer-tiorari included a request for declaratory judgment under T.C.A. § 4-5-224 (1991). This issue is without merit for the reason that declaratory judgment…”
Bobbitt v. Shell, 115 S.W.3d 506 (Tenn. Ct. App. 2003). “laratory order which shall be subject to review in the Chancery Court of Davidson County, unless otherwise specifically provided by statute, in the manner provided for the review of decisions in contested cases; or (2) Refuse to issue a declaratory order in which event the…”
Winslow Watson v. Tennessee Dep't of Corr., Tennessee Bd. of Paroles, CCA, & Jody Benjamin, 970 S.W.2d 494 (Tenn. Ct. App. 1998). “They alleged “petitioner has not met the jurisdictional requirement of Tenn. Code Ann. § 4-5-224 and [TBP] is exempt from the provisions of the Uniform Administrative Procedures Act, and consequently, from the declaratory judgment proceedings.”
— Tenn. Code Ann. § 4-5-224(a) — 4 cases
Cashion v. Robertson, 955 S.W.2d 60 (Tenn. Ct. App. 1997). “We have determined, however, that the complaint fails to state a claim for a declaratory relief under Tenn.Code Ann. § 4-5-224 (1991). I. Amanda Linn Cashion began working for the Department of Mental Health and Mental Retardation (“DMHMR”) on July 25, 1994.”
L.L. Bean, Inc. v. Bracey, 817 S.W.2d 292 (Tenn. 1991). “Bean next contends that the chancery court has jurisdiction to render a declaratory judgment in this case, pursuant to T.C.A. § 4-5-224. That statute provides as follows: (a) The legal validity or applicability of a statute, rule or order of an agency to specified circumstances…”
Compton v. Campbell, Comm'r (Tenn. Ct. App. 1998).
Antonio Sweatt v. Robert Conley (Tenn. Ct. App. 1997).
— Tenn. Code Ann. § 4-5-224(b) — 5 cases
Cashion v. Robertson, 955 S.W.2d 60 (Tenn. Ct. App. 1997). “We have determined, however, that the complaint fails to state a claim for a declaratory relief under Tenn.Code Ann. § 4-5-224 (1991). I. Amanda Linn Cashion began working for the Department of Mental Health and Mental Retardation (“DMHMR”) on July 25, 1994.”
Davis v. Sundquist, 947 S.W.2d 155 (Tenn. Ct. App. 1997). “Thus, the Court may not entertain an action for declaratory judgment under section 4-5-224 either.- After the chancery court entered its order, Petitioners filed a copy of a document entitled “Petition for Declaratory Order.”
Crawford v. Tennessee Consol., 732 S.W.2d 293 (Tenn. Ct. App. 1987). “The defendant moved to dismiss for lack of jurisdiction over the subject matter, citing T.C.A. § 4-5-224 which reads as follows: (a) The legal validity or applicability of a statute, rule or order of an agency to specified circumstances may be determined in a suit for a…”
Antonio Sweatt v. Robert Conley (Tenn. Ct. App. 1997).
McCamey v. TN. Dept. of Corr. (Tenn. Ct. App. 1997).
— Tenn. Code Ann. § 4-5-224(b)(1991) — 1 case
Harlan White v. State of Tennessee, Dep't of Corr. (Tenn. Ct. App. 1996).
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