Tennessee Code Annotated
Tenn. Code Ann. § 4-5-309 (2026)
Default
✓ current as of May 2026
- (a) If a party fails to attend or participate in a prehearing conference, hearing or other stage of a contested case, the administrative judge or hearing officer, hearing the case alone, or agency, sitting with the administrative judge or hearing officer, may hold the party in default and either adjourn the proceedings or conduct them without the participation of that party, having due regard for the interest of justice and the orderly and prompt conduct of the proceedings.
- (b) If the proceedings are conducted without the participation of the party in default, the administrative judge or hearing officer, hearing the case alone, shall include in the initial order a written notice of default, otherwise, the agency, sitting with the administrative judge or hearing officer, shall include such written notice of default in the final order. If the proceedings are adjourned and not conducted, the administrative judge or hearing officer, hearing the case alone, may render an initial default order, otherwise, the agency, sitting with the administrative judge or hearing officer, may render a final default order. All default orders and notices of default in default orders shall include a written statement of the grounds for the default.
- (c) A party may petition to have a default set aside by filing a timely petition for reconsideration as provided in § 4-5-317.
- (d) If a party fails to file a timely petition for reconsideration or the petition is not granted, the administrative judge or hearing officer, sitting alone, or agency, sitting with the administrative judge or hearing officer, shall conduct any further proceedings necessary to complete the contested case without the participation of the defaulting party and shall determine all issues in the adjudication, including those affecting the defaulting party.
Acts 1982, ch. 874, § 47.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 1999–2025 · leading case: Shahnaz Poursaied v. Tennessee Bd. of Nursing (2021).
Shahnaz Poursaied v. Tennessee Bd. of Nursing (2021). “Pursuant to Tenn. Code Ann. § 4-5-309 (a), if, as in this case, a party fails to attend or participate in a contested case hearing before an administrative agency, the agency, sitting with an administrative judge, “may hold the party in default and either adjourn the proceedings…”
Christin M. Johnson, LPN v. Tennessee Bd. of Nursing (Tenn. Ct. App. 2007). “Johnson was not present, the State’s attorney made a motion for default under Tenn. Code Ann. § 4-5-309 . It was established that the Notice of Charges was sent to her address of record with the Board and was returned unclaimed.”
Kesterson v. Dept. of Saf. (Tenn. Ct. App. 1999). “") Tenn. Code Ann. § 4-5-309 provides: Default.”
Thomas Patterson v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2025). “(a) The failure of a party to attend or to participate in a prehearing conference, a party’s non-attendance at a second setting of a hearing on the merits in a case or a party’s non-attendance at another stage of contested case proceedings after notice thereof are each causes…”
Madison Cnty., Tennessee v. Tennessee State Bd. Of Equalization (Tenn. Ct. App. 2008). “continued) Tenn. Code Ann. § 4-5-309 (a) (emphasis added).”
Tenn. Code Ann. § 4-5-309(a): 1 case
Kesterson v. Dept. of Saf. (Tenn. Ct. App. 1999). “") Tenn. Code Ann. § 4-5-309 provides: Default.”
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