Tennessee Code Annotated
Tenn. Code Ann. § 4-5-315 (2026)
Review of initial order
✓ current as of May 2026
- (a) The agency upon the agency's motion may, and where provided by federal law or upon appeal by any party shall, review an initial order, except to the extent that:
- (1) A statute or rule of the agency precludes or limits agency review of the initial order; or
- (2) The agency in the exercise of discretion conferred by statute or rule of the agency:
- (A) Determines to review some but not all issues, or not to exercise any review;
- (B) Delegates its authority to review the initial order to one (1) or more persons; or
- (C) Authorizes one (1) or more persons to review the initial order, subject to further review by the agency.
- (b) A petition for appeal from an initial order shall be filed with the agency, or with any person designated for such purpose by rule of the agency, within fifteen (15) days after entry of the initial order. If the agency on its own motion decides to review an initial order, the agency shall give written notice of its intention to review the initial order within fifteen (15) days after its entry. The fifteen-day period for a party to file a petition for appeal or for the agency to give notice of its intention to review an initial order on the agency's own motion shall be tolled by the submission of a timely petition for reconsideration of the initial order pursuant to § 4-5-317, and a new fifteen-day period shall start to run upon disposition of the petition for reconsideration. If an initial order is subject both to a timely petition for reconsideration and to a petition for appeal or to review by the agency on its own motion, the petition for reconsideration shall be disposed of first, unless the agency determines that action on the petition for reconsideration has been unreasonably delayed.
- (c) The petition for appeal shall state its basis. If the agency on its own motion gives notice of its intent to review an initial order, the agency shall identify the issues that it intends to review.
- (d) The person reviewing an initial order shall exercise all the decision-making power that the agency would have had to render a final order had the agency presided over the hearing, except to the extent that the issues subject to review are limited by rule or statute or by the agency upon notice to all parties.
- (e) The agency shall afford each party an opportunity to present briefs and may afford each party an opportunity to present oral argument.
- (f) Before rendering a final order, the agency may cause a transcript to be prepared, at the agency's expense, of such portions of the proceeding under review as the agency considers necessary.
- (g) The agency may render a final order disposing of the proceeding or may remand the matter for further proceedings with instructions to the person who rendered the initial order. Upon remanding a matter, the agency may order such temporary relief as is authorized and appropriate.
- (h) A final order or an order remanding the matter for further proceedings pursuant to this section shall be rendered and entered in writing within sixty (60) days after receipt of briefs and oral argument, unless that period is waived or extended with the written consent of all parties or for good cause shown.
- (i) A final order or an order remanding the matter for further proceedings under this section shall identify any difference between such order and the initial order, and shall include, or incorporate by express reference to the initial order, all the matters required by § 4-5-314(c).
- (j) The agency shall cause copies of the final order or order remanding the matter for further proceedings to be delivered to each party and to the administrative judge or hearing officer who conducted the contested case.
Acts 1982, ch. 874, § 55; 2000, ch. 594, §§ 1, 2.
Notes of Decisions
Cited in 32
cases (8 in the last 5 years), 1984–2026 · leading case: McEwen v. Tennessee Dep't of Saf., 173 S.W.3d 815 (Tenn. Ct. App. 2005).
McEwen v. Tennessee Dep't of Saf., 173 S.W.3d 815 (Tenn. Ct. App. 2005). “§ 4-5-315(a). However, if the agency reviewed an initial order, either at the request of a party or on its own motion, the agency itself was required to prepare and file its own final order.”
Jackson Mobilphone Co. v. Tennessee Pub. Serv. Comm., 876 S.W.2d 106 (Tenn. Ct. App. 1993). “Tenn.Code Ann. §§ 4-5-315(a), 65-2-111. The commission is not simply acting as an error-correcting body when it reviews a proposed or initial order.”
Tennison Bros., Inc. v. William H. Thomas, Jr., 556 S.W.3d 697 (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 4-5-314 (b). A petition for appeal from an initial order may be filed with the agency within fifteen days.”
Jones v. Bureau of TennCare, 94 S.W.3d 495 (Tenn. Ct. App. 2002). “*500 Thereafter, pursuant to the Uniform Administrative Procedures Act, Tenn.Code Ann. § 4-5-315, Jones appealed the Initial Order.”
Lien v. Metro. Gov't of Nashville, 117 S.W.3d 753 (Tenn. Ct. App. 2003). “§ 4-5-314 and the review of an "initial order” at T.C.A. § 4-5-315. 4 . The record showed discipline for two (2) traffic violations and a failure to appear in court.”
The Commissioners of the Powell-Clinch Util. Dist. v. Util. Mgmt. Review Bd., 427 S.W.3d 375 (Tenn. Ct. App. 2013). “It also asserts that, after the Comptroller has submitted a report, the UMRB must examine it to determine whether a basis exists upon which to initiate a contested case proceeding; that any hearing must be conducted by the UMRB or an administrative law judge; that the matter is…”
Mosley v. Tennessee Dep't of Com. & Ins., 167 S.W.3d 308 (Tenn. Ct. App. 2004). “No application, pursuant to Tennessee Code Annotated section 4-5-315, for a review of the initial Order by the agency was filed, and, by Order of April 2, 2002, the initial Order became the Final Order pursuant to Tennessee Code Annotated section 4-5-318(0(3).”
Grubb v. Tennessee Civil Serv. Comm'n, 731 S.W.2d 919 (Tenn. Ct. App. 1987). “Pursuant to T.C.A. § 4-5-315 both parties duly appealed to the Civil Service Commission.”
Robert B. Elliott v. The Univ. of Tennessee, 766 F.2d 982 (6th Cir. 1985). “Tenn.Code Ann. § 4-5-315(a). Judicial review of the final agency decision may be had by filing a petition for review in the state chancery court within sixty days of entry of the agency’s order.”
Christina K. Collins v. Tennessee Dep't of Health (2023). “Collins first noted that the Department was a “superior adjudicative agency to the Board,” as determined by the Davidson County Court, and therefore the Department maintained the authority to review the orders of the Board pursuant to Tenn. Code Ann. § 4-5-315 . She further…”
Jeremy R. Durham v. Tennessee Registry of Election Fin. (Tenn. Ct. App. 2022). “” Tenn. Code Ann. § 4-5-315 (b). As such, Mr.”
Teresa McEwen v. Dept. of Saf. (Tenn. Ct. App. 2003). “Tenn. Code Ann. § 4-5-315 (a)(2)(C) (Supp.”
— Tenn. Code Ann. § 4-5-315(a) — 4 cases
Jackson Mobilphone Co. v. Tennessee Pub. Serv. Comm., 876 S.W.2d 106 (Tenn. Ct. App. 1993). “Tenn.Code Ann. §§ 4-5-315(a), 65-2-111. The commission is not simply acting as an error-correcting body when it reviews a proposed or initial order.”
McEwen v. Tennessee Dep't of Saf., 173 S.W.3d 815 (Tenn. Ct. App. 2005). “§ 4-5-315(a). However, if the agency reviewed an initial order, either at the request of a party or on its own motion, the agency itself was required to prepare and file its own final order.”
Robert B. Elliott v. The Univ. of Tennessee, 766 F.2d 982 (6th Cir. 1985). “Tenn.Code Ann. § 4-5-315(a). Judicial review of the final agency decision may be had by filing a petition for review in the state chancery court within sixty days of entry of the agency’s order.”
Joseph Heintz v. Tennessee State Bd. of Equalization (Tenn. Ct. App. 2026).
— Tenn. Code Ann. § 4-5-315(a)(2)(C) — 1 case
McEwen v. Tennessee Dep't of Saf., 173 S.W.3d 815 (Tenn. Ct. App. 2005). “§ 4-5-315(a). However, if the agency reviewed an initial order, either at the request of a party or on its own motion, the agency itself was required to prepare and file its own final order.”
— Tenn. Code Ann. § 4-5-315(b) — 2 cases
Lien v. Metro. Gov't of Nashville, 117 S.W.3d 753 (Tenn. Ct. App. 2003). “§ 4-5-314 and the review of an "initial order” at T.C.A. § 4-5-315. 4 . The record showed discipline for two (2) traffic violations and a failure to appear in court.”
Jeremy R. Durham v. Tennessee Registry of Election Fin. (Tenn. Ct. App. 2022). “” Tenn. Code Ann. § 4-5-315 (b). As such, Mr.”
— Tenn. Code Ann. § 4-5-315(d) — 1 case
Michael Sanderson v. Univ. of Tennessee - Concurring (Tenn. Ct. App. 1997).
— Tenn. Code Ann. § 4-5-315(e) — 1 case
McEwen v. Tennessee Dep't of Saf., 173 S.W.3d 815 (Tenn. Ct. App. 2005). “§ 4-5-315(a). However, if the agency reviewed an initial order, either at the request of a party or on its own motion, the agency itself was required to prepare and file its own final order.”
— Tenn. Code Ann. § 4-5-315(f) — 1 case
McEwen v. Tennessee Dep't of Saf., 173 S.W.3d 815 (Tenn. Ct. App. 2005). “§ 4-5-315(a). However, if the agency reviewed an initial order, either at the request of a party or on its own motion, the agency itself was required to prepare and file its own final order.”
— Tenn. Code Ann. § 4-5-315(i) — 2 cases
Jackson Mobilphone Co. v. Tennessee Pub. Serv. Comm., 876 S.W.2d 106 (Tenn. Ct. App. 1993). “Tenn.Code Ann. §§ 4-5-315(a), 65-2-111. The commission is not simply acting as an error-correcting body when it reviews a proposed or initial order.”
Lien v. Metro. Gov't of Nashville, 117 S.W.3d 753 (Tenn. Ct. App. 2003). “§ 4-5-314 and the review of an "initial order” at T.C.A. § 4-5-315. 4 . The record showed discipline for two (2) traffic violations and a failure to appear in court.”
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