Tennessee Code Annotated
Tenn. Code Ann. § 4-5-303 (2026)
Separation of functions
✓ current as of May 2026
- (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.
Notes of Decisions
Cited in 6
cases, 1985–2019 · leading case: Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001).
Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001). “I, § 8, and Tenn.Code Ann. § 4-5-303 (1998) because of the relationship between the board members and the Department’s lawyer who prosecuted the State’s case.”
Tidwell v. City of Memphis, 193 S.W.3d 555 (Tenn. 2006). “See Tenn.Code Ann. § 4-5-303 (2005) (one who participates in a “preliminary determination” in a contested case cannot later serve as an administrative judge or hearing officer or assist or advise an administrative judge or hearing officer in the same case).”
Daniels v. Wadley, 926 F. Supp. 1305 (M.D. Tenn. 1996). “T.C.A. § 4-5-303. The impartiality necessary to fairly resolve coverage disputes under the TennCare program might not be possible where the adjudicator has a pecuniary or employment interest in a given case, as would be the case where an MCO employee presided over a TennCare…”
Robert B. Elliott v. The Univ. of Tennessee, 766 F.2d 982 (6th Cir. 1985). “§ 4-5-302(a), the administrative judge may not be a person who has been involved in the investigation or prosecution of the case, Tenn.Code Ann. § 4-5-303(a), and the administrative judge may not receive ex parte communications, Tenn.”
Penney Mosley v. City of Memphis (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 4-5-303 . The City of Memphis and the Commission argued that the statute provides an exclusive list of impermissible or disqualifying conflicts in administrative matters.”
Roy L. Tidwell & Richard Coggins v. City of Memphis (Tenn. 2006). “See Tenn. Code Ann. § 4-5-303 (2005) (one who participates in a “preliminary determination” in a contested case cannot later serve as an administrative judge or hearing officer or assist or advise an administrative judge or hearing officer in the same case).”
— Tenn. Code Ann. § 4-5-303(a) — 1 case
Robert B. Elliott v. The Univ. of Tennessee, 766 F.2d 982 (6th Cir. 1985). “§ 4-5-302(a), the administrative judge may not be a person who has been involved in the investigation or prosecution of the case, Tenn.Code Ann. § 4-5-303(a), and the administrative judge may not receive ex parte communications, Tenn.”
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