Tennessee Code Annotated

Tenn. Code Ann. § 4-5-304 (2026)

Ex parte communications

✓ current as of May 2026

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(a) Unless required for the disposition of ex parte matters specifically authorized by statute, an administrative judge, hearing officer or agency member serving in a contested case proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding, while the proceeding is pending, with any person without notice and opportunity for all parties to participate in the communication.

(b) Notwithstanding subsection (a), an administrative judge, hearing officer or agency member may communicate with agency members regarding a matter pending before the agency or may receive aid from staff assistants, members of the staff of the attorney general and reporter, or a licensed attorney, if such persons do not receive ex parte communications of a type that the administrative judge, hearing officer or agency members would be prohibited from receiving, and do not furnish, augment, diminish or modify the evidence in the record.

(c) Unless required for the disposition of ex parte matters specifically authorized by statute, no party to a contested case, and no other person may communicate, directly or indirectly, in connection with any issue in that proceeding, while the proceeding is pending, with any person serving as an administrative judge, hearing officer or agency member without notice and opportunity for all parties to participate in the communication.

(d) If, before serving as an administrative judge, hearing officer or agency member in a contested case, a person receives an ex parte communication of a type that may not properly be received while serving, the person, promptly after starting to serve, shall disclose the communication in the manner prescribed in subsection (e).

(e) An administrative judge, hearing officer or agency member who receives an ex parte communication in violation of this section shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the person received an ex parte communication, and shall advise all parties that these matters have been placed on the record. Any party desiring to rebut the ex parte communication shall be allowed to do so, upon requesting the opportunity for rebuttal within ten (10) days after notice of the communication.

(f) An administrative judge, hearing officer or agency member who receives an ex parte communication in violation of this section may be disqualified if necessary to eliminate the effect of the communication.

(g) The agency shall, and any party may, report any willful violation of this section to appropriate authorities for any disciplinary proceedings provided by law. In addition, each agency by rule may provide for appropriate sanctions, including default, for any violations of this section.

Acts 1982, ch. 874, § 41.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1985–2025 · leading case: Lien v. Metro. Gov't of Nashville, 117 S.W.3d 753 (Tenn. Ct. App. 2003).

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Lien v. Metro. Gov't of Nashville, 117 S.W.3d 753 (Tenn. Ct. App. 2003). · cites it 2× “See T.C.A. § 4-5-304(a)(b) and T.C.A. § 4-5-314(d).”

Miller v. Workforce Saf. & Ins., 2006 ND 1 (N.D. 2006). · cites it 2× “§ 77-525 (1997); Tenn.Code Ann. § 4-5-304 (1998). None of these states have interpreted the meaning of that provision.”

Robert B. Elliott v. The Univ. of Tennessee, 766 F.2d 982 (6th Cir. 1985). “§ 4-5-303(a), and the administrative judge may not receive ex parte communications, Tenn. Code Ann. § 4-5-304 (a). The parties have the right to be represented by counsel, Tenn.”

Miller v. Workforce Saf. & Ins., 2006 ND 1 (N.D. 2006). “§ 77-525 (1997); Tenn. Code Ann. § 4-5-304 (1998). None of these states have interpreted the meaning of that provision.”

Fred H. Wright, Ph.D. v. Tennessee Bd. of Examiners in Psychology (Tenn. Ct. App. 2004). · cites it 4× “Tenn. Code Ann. § 4-5-304 (a) (2003). “The hearing shall be open to public observation pursuant to the provisions of title 8, chapter 44, unless otherwise provided by state or federal law.”

Consum. Advocate Div. v. Tennessee Regulatory Auth. Nashville Gas Co. (Tenn. Ct. App. 1998). · cites it 6× “§ 4 - 5-303; and (2) the section prohibiting ex parte communications during a contested case proceeding, Tenn. Code Ann. § 4-5-304 . -3- As to the first contention, there is nothing in the record that supports it.”

Lee Phan v. Tennessee Dep't of Com. & Ins. (2017). · cites it 2× “See Tenn. Code Ann. § 4-5-304 (e). The ALJ emailed a pre-hearing order to counsel for both parties, and a copy of this email appears in the record.”

Thomas Patterson v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2025). · cites it 2× “… (4) The Appeals Division may advise the commissioner on appellate matters in accordance with T.C.A. § 4-5-304. By filing a delegation order in a specific case, the commissioner may delegate to the Appeals Division the authority to enter a final administrative order.”

Tennessee Consum. Advocate v. Tennessee Regulatory Auth. & United Cities Gas Co. (Tenn. Ct. App. 1997). · cites it 4× “A decision of the Tennessee Public Service Commission is void or voidable when agency members receive aid from staff assistants, and such persons received ex parte communications of a type that the administrative judge hearing officer or agency members would be prohibited from…”

Clinton Lien v. Nashville & Davidson Cnty. (Tenn. Ct. App. 1993). · cites it 2× “See T.C.A. § 4-5-304(a)(b) and T.C.A. § 4-5-314(d).”

— Tenn. Code Ann. § 4-5-304(a) — 1 case

Fred H. Wright, Ph.D. v. Tennessee Bd. of Examiners in Psychology (Tenn. Ct. App. 2004). “Tenn. Code Ann. § 4-5-304 (a) (2003). “The hearing shall be open to public observation pursuant to the provisions of title 8, chapter 44, unless otherwise provided by state or federal law.”

— Tenn. Code Ann. § 4-5-304(a)(b) — 2 cases

Lien v. Metro. Gov't of Nashville, 117 S.W.3d 753 (Tenn. Ct. App. 2003). “See T.C.A. § 4-5-304(a)(b) and T.C.A. § 4-5-314(d).”

Clinton Lien v. Nashville & Davidson Cnty. (Tenn. Ct. App. 1993). “See T.C.A. § 4-5-304(a)(b) and T.C.A. § 4-5-314(d).”

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