Tennessee Code Annotated

Tenn. Code Ann. § 4-5-312 (2026)

Procedure at hearing

✓ current as of May 2026

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(a) The administrative judge or hearing officer shall regulate the course of the proceedings, in conformity with the prehearing order if any.

(b) To the extent necessary for full disclosure of all relevant facts and issues, the administrative judge or hearing officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order.

(c) The administrative judge or hearing officer and agency members may, by agreement of the parties, conduct all or part of the hearing telephonically, electronically, or by audio-visual means if each participant in the hearing has an opportunity to participate in, hear, and, if technically feasible, see the entire proceedings while the proceedings are taking place. Notwithstanding this authority, the administrative judge or hearing officer may permit the testimony of a witness by contemporaneous audio-visual transmission from a different location when the absence of the witness would otherwise cause a delay to the hearing.

(d) The hearing must be open to public observation pursuant to title 8, chapter 44, unless otherwise provided by state or federal law. To the extent that a hearing is conducted telephonically, electronically, or by audio-visual means, the availability of public observation may be satisfied by giving members of the public an opportunity, at reasonable times, to hear or view a recording, as applicable, and to inspect a transcript obtained by the agency, except as otherwise provided by § 50-7-701.

Amended by 2022 Tenn. Acts, ch. 833, s 5, eff. 7/1/2022.

Amended by 2022 Tenn. Acts, ch. 833, s 4, eff. 7/1/2022.

Acts 1982, ch. 874, § 51.

Notes of Decisions

Cited in 10 cases, 1985–2020 · leading case: Richardson v. Tennessee Bd. of Dentistry, 913 S.W.2d 446 (Tenn. 1995).

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Richardson v. Tennessee Bd. of Dentistry, 913 S.W.2d 446 (Tenn. 1995). · cites it 2× “An administrative judge or hearing officer may, with the agreement of the parties, conduct all or part of the hearing by telephone, television, or other electronic means.”

Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001). “§ 4-5-312(b). They have these rights even when the board or agency takes official *270 notice of technical or scientific matters.”

Tennessee Env't Council, Inc. v. Tennessee Water Quality Control Bd., 254 S.W.3d 396 (Tenn. Ct. App. 2007). · cites it 2× “Tenn. Code Ann. § 4-5-312 . At the conclusion of the contested case hearing, an order with findings of fact and conclusions of law is entered.”

Robert B. Elliott v. The Univ. of Tennessee, 766 F.2d 982 (6th Cir. 1985). “§ 4-5-311(a), and to examine and cross-examine witnesses, Tenn.Code Ann. § 4-5-312(b). The administrative judge is bound by the civil rules of evidence except that evidence otherwise not admissible may be relied upon if it is “of a type commonly relied upon by reasonably prudent…”

Jacqueline Redmon v. City of Memphis (Tenn. Ct. App. 2010). · cites it 4× “Appellant seems to argue in the alternative that the Commission’s private deliberations violated the Uniform Administrative Procedures Act (“UAPA”),2 specifically, Tennessee Code Annotated section 4-5-312(d), which requires hearings before the Civil Service Commission regarding…”

Renita Dulaney v. Karla Davis, Comm'r of Tennessee Dep't of Labor & Workforce Dev. & Fed. Express (Tenn. Ct. App. 2013). · cites it 3× “The appeal form contained a box in which the claimant could mark “telephone” or “in 11 The Uniform Administrative Procedures Act, Tenn. Code Ann. § 4-5-312 (c) provides: In the discretion of the administrative judge or hearing officer and agency members and by agreement of the…”

C. H. Guenther & Son, Inc. v. Sue Ann Head (Tenn. Ct. App. 2012). · cites it 2× “Tenn. Code Ann. § 4-5-312 ; Mid-South Indoor, 798 S.”

Fred H. Wright, Ph.D. v. Tennessee Bd. of Examiners in Psychology (Tenn. Ct. App. 2004). · cites it 2× “” Tenn. Code Ann. § 4-5-312 (d) (2003). Once a petition for judicial review of the agency’s decision is filed, the agency “shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings under review.”

Tennessee Dep't of Health v. Christina K. Collins, RN, APRN (2020). “Tenn. Code Ann. § 4-5-312 (d) (“The hearing shall be open to public observation .”

Tennessee Consum. Advocate v. Tennessee Regulatory Auth. & United Cities Gas Co. (Tenn. Ct. App. 1997). · cites it 2× “Tenn. Code Ann. § 4-5-312 (b) Procedure of hearing.”

— Tenn. Code Ann. § 4-5-312(b) — 2 cases

Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001). “§ 4-5-312(b). They have these rights even when the board or agency takes official *270 notice of technical or scientific matters.”

— Tenn. Code Ann. § 4-5-312(c) — 1 case

Renita Dulaney v. Karla Davis, Comm'r of Tennessee Dep't of Labor & Workforce Dev. & Fed. Express (Tenn. Ct. App. 2013). “The appeal form contained a box in which the claimant could mark “telephone” or “in 11 The Uniform Administrative Procedures Act, Tenn. Code Ann. § 4-5-312 (c) provides: In the discretion of the administrative judge or hearing officer and agency members and by agreement of the…”

— Tenn. Code Ann. § 4-5-312(d) — 1 case

Jacqueline Redmon v. City of Memphis (Tenn. Ct. App. 2010). “Appellant seems to argue in the alternative that the Commission’s private deliberations violated the Uniform Administrative Procedures Act (“UAPA”),2 specifically, Tennessee Code Annotated section 4-5-312(d), which requires hearings before the Civil Service Commission regarding…”

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