Tennessee Code Annotated

Tenn. Code Ann. § 4-5-301 (2026)

Conduct of contested cases

✓ current as of May 2026

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(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.

Notes of Decisions

Cited in 51 cases (9 in the last 5 years), 1984–2026 · leading case: McClellan v. Bd. of Regents of the State Univ., 921 S.W.2d 684 (Tenn. 1996).

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McClellan v. Bd. of Regents of the State Univ., 921 S.W.2d 684 (Tenn. 1996). · cites it 4× “” The Act provides for hearings in contested cases to be conducted by hearing panels “in the presence of an administrative law judge or hearing officer,” Tenn.Code Ann. § 4-5-301(a)(l) (1991 Repl.”

Daron v. Dep't of Corr., 44 S.W.3d 478 (Tenn. 2001). · cites it 4× “Pursuant to Tenn.Code Ann. § 4-5-301 (1998), he appealed, and the administrative law judge concluded that a ten-day suspension was a more appropriate discipline.”

Jackson Mobilphone Co. v. Tennessee Pub. Serv. Comm., 876 S.W.2d 106 (Tenn. Ct. App. 1993). · cites it 2× “Tenn.Code Ann. § 4-5-301(a)(2) (1991); Tenn.”

Wood v. Metro. Nashville & Davidson Cnty. Gov't, 196 S.W.3d 152 (Tenn. Ct. App. 2005). · cites it 2× “090(C)(4) (1997) (Metro Code) and Tenn.Code Ann. §§ 4-5-301 to -325 (2005).”

Wolcotts Fin. Servs., Inc. v. McReynolds, 807 S.W.2d 708 (Tenn. Ct. App. 1990). · cites it 2× “See Tenn.Code Ann. §§ 4-5-301, 48-2-116(e)(2)(B), 48-2-118(e)(3).”

MacOn v. Shelby Cnty. Gov't Civil Serv. Merit Bd., 309 S.W.3d 504 (Tenn. Ct. App. 2009). · cites it 2× “Part Three of the Uniform Administrative Procedures Act, codified in Tennessee Code Annotated section 4-5-301, et seq., outlines the procedures governing contested cases before an administrative body.”

Starlink Logistics, Inc. v. ACC, LLC, 494 S.W.3d 659 (Tenn. 2016). “§§ 4-5-301 to -325. Pursuant to Tennessee Code Annotated section 4-5-322(b)(l)(A), StarLink filed a petition for judicial review in the Chancery Court for Davidson County.”

Tennison Bros., Inc. v. William H. Thomas, Jr., 556 S.W.3d 697 (Tenn. Ct. App. 2017). “3 “If an administrative judge or hearing officer hears a case alone under § 4-5-301(a)(2), the administrative judge or hearing officer shall render an initial order, which shall become a final order unless reviewed in accordance with § 4-5-315.”

Daniels v. Wadley, 926 F. Supp. 1305 (M.D. Tenn. 1996). · cites it 3× “An "administrative judge” ("AU”) is 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 T.C.A. § 4-5-301. T.C.A. § 4-5-102(1). A…”

Grubb v. Tennessee Civil Serv. Comm'n, 731 S.W.2d 919 (Tenn. Ct. App. 1987). · cites it 2× “Grubb filed four separate grievances against TDHS, and pursuant to T.C.A. § 4-5-301(a)(2) the civil service case was first heard by an administrative law judge.”

Yokley v. State Bd. of Educ., 305 S.W.3d 523 (Tenn. Ct. App. 2009). · cites it 2× “orth the requirements to be fulfilled before revocation of a teacher’s license: Any person whose license is to be denied, suspended or revoked under part (b) or who is refused a license or certificate under part (c) shall be entitled to written notice and an opportunity for a…”

Rudolph Jones, Jr. Susan Jones Tandy Jones Gilliland v. City of Lakeland, Tennessee, a Tennessee Mun. Corp., 224 F.3d 518 (6th Cir. 2000). “§ 69-3-110(a) (1995) (indicating that Board hearings “shall be conducted in accordance with [Tenn.Code Ann. §§ 4-5-301 to 324]”); Tenn.”

Show all 51 citing cases →

— Tenn. Code Ann. § 4-5-301(2) — 1 case

Christina K. Collins v. Tennessee Dep't of Health (2023).

— Tenn. Code Ann. § 4-5-301(a) — 1 case

Maurice Fitten v. The City Council of The City of Chattanooga (Tenn. Ct. App. 2016).

— Tenn. Code Ann. § 4-5-301(a)(2) — 5 cases

Jackson Mobilphone Co. v. Tennessee Pub. Serv. Comm., 876 S.W.2d 106 (Tenn. Ct. App. 1993). “Tenn.Code Ann. § 4-5-301(a)(2) (1991); Tenn.”

Grubb v. Tennessee Civil Serv. Comm'n, 731 S.W.2d 919 (Tenn. Ct. App. 1987). “Grubb filed four separate grievances against TDHS, and pursuant to T.C.A. § 4-5-301(a)(2) the civil service case was first heard by an administrative law judge.”

Jamesway Constr., Inc. v. David W. Salyers, P.E. (Dissenting) (Tenn. Ct. App. 2024).

Toymeka Quaites v. Univ. of Tennessee Coll. of Pharmacy (Tenn. Ct. App. 2012).

— Tenn. Code Ann. § 4-5-301(a)(l) — 1 case

McClellan v. Bd. of Regents of the State Univ., 921 S.W.2d 684 (Tenn. 1996). “” The Act provides for hearings in contested cases to be conducted by hearing panels “in the presence of an administrative law judge or hearing officer,” Tenn.Code Ann. § 4-5-301(a)(l) (1991 Repl.”

— Tenn. Code Ann. § 4-5-301(b) — 2 cases

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

Hyundai Motor Am. v. Tennessee Motor Veh. Comm'n (Tenn. Ct. App. 2016).

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