Tennessee Code Annotated
Tenn. Code Ann. § 4-5-317 (2026)
Reconsideration
✓ current as of May 2026
- (a) A party, within fifteen (15) days after entry of an initial or final order, may file a petition for reconsideration, stating the specific grounds upon which relief is requested. A petition for reconsideration of a final order that has become a final order by operation of law when no party timely filed a petition for reconsideration of an initial order or when the petition for reconsideration of an initial order was denied is not permitted. The filing of a petition for reconsideration is not a prerequisite for seeking administrative or judicial review.
- (b) The petition shall be disposed of by the same person or persons who rendered the initial or final order, if available.
- (c) The person or persons who rendered the initial or final order that is the subject of the petition, shall, within twenty (20) days of receiving the petition, enter a written order either denying the petition, granting the petition and setting the matter for further proceedings; or granting the petition and issuing a new order, initial or final, in accordance with § 4-5-314. If no action has been taken on the petition within twenty (20) days, the petition shall be deemed to have been denied.
- (d) An order granting the petition and setting the matter for further proceedings shall state the extent and scope of the proceedings, which shall be limited to argument upon the existing record, and no new evidence shall be introduced unless the party proposing such evidence shows good cause for such party's failure to introduce the evidence in the original proceeding.
- (e) The sixty-day period for a party to file a petition for review of a final order shall be tolled by granting the petition and setting the matter for further proceedings, and a new sixty-day period shall start to run upon disposition of the petition for reconsideration by issuance of a final order by the agency.
Amended by 2022 Tenn. Acts, ch. 833, s 7, eff. 7/1/2022.
Acts 1982, ch. 874, § 58; 2000, ch. 594, § 3.
Notes of Decisions
Cited in 14
cases (4 in the last 5 years), 1984–2026 · leading case: Davis v. Tennessee Dep't of Emp. Sec., 23 S.W.3d 304 (Tenn. Ct. App. 2000).
Davis v. Tennessee Dep't of Emp. Sec., 23 S.W.3d 304 (Tenn. Ct. App. 2000). “Likewise, grievances involving written reprimands are not grievable past Step IV. See Tenn. Comp. R. & Regs.”
Claiborne & Hughes Convalescent Ctr., Inc. v. State, Dep't of Health, 881 S.W.2d 671 (Tenn. Ct. App. 1994). “(x) There having been no action taken by the Administrative Judge on the petition within twenty (20) days as provided by § 4-5-317. ( ) By Order of the Administrative Judge.”
Joseph Heintz v. Tennessee State Bd. of Equalization (Tenn. Ct. App. 2026). “Tenn. Code Ann. § 4-5-317 (a), (b) (emphasis added).”
Anderson Cnty. Tennessee, et ql. v. Tennessee State Bd. of Equalization (2020). “The court noted that Tenn. Code Ann. § 4-5-317 required the County’s motion to be heard by the same administrative judge that rendered the initial decision, and it found that Mr.”
Tennessee Dep't of Saf. & Homeland Sec. v. David Shell (Tenn. Ct. App. 2022). “” Tenn. Code Ann. § 4-5-317 (c). Although the Department filed a timely petition for reconsideration, the ALJ did not rule on it; it is therefore deemed to have been denied.”
Thomas Patterson v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2025). “See Tenn. Code Ann. § 4-5-317 (a). Insofar as Mr.”
Madison Cnty., Tennessee v. Tennessee State Bd. Of Equalization (Tenn. Ct. App. 2008). “” Tenn. Code Ann. § 4-5-317 (a). 5 The petition goes on to clarify that “Counsel makes no assertion that he is entitled as a matter of law or regulation, to courtesy of Notice, when Notice is given directly to his client, nor does he demand extraordinary communications to assure…”
The Metro. Gov't of Nashville & Davidson Cnty. v. The Civil Serv. Comm'n of The Metro. Gov't of Nashville & Davidson Cnty., Tennessee (Tenn. Ct. App. 2016). “Pursuant to Tenn. Code Ann. § 4-5-317 (e), “[t]he sixty-day period for a party to file a petition for review of a final order shall be tolled by granting the petition [for reconsideration] .”
Bruce Thurman v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2017). “Thurman filed a petition for reconsideration; the administrative judge did not act on the petition, and it was deemed denied pursuant to Tennessee Code Annotated section 4-5-317(c). Mr. Thurman appealed the Initial Order to TDS in accordance with Tennessee Code Annotated section…”
B&W Pipeline, LLC v. Tennessee Regulatory Auth. (2017). “Tenn. Code Ann. § 4-5-317 (2015) (emphasis added).”
Caitlin J. Groves v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2018). “See Tenn. Code Ann. § 4-5-317 (a) (2015) (“Any party, within fifteen (15) days after entry of an initial or final order, may file a petition for reconsideration, stating the specific grounds upon which relief is requested.”
Christina K. Collins v. Tennessee Dep't of Health (2023). “” Tenn. Code Ann. § 4-5-315 (b). Tenn. Code Ann.”
— Tenn. Code Ann. § 4-5-317(a) — 1 case
Tennessee Dep't of Saf. & Homeland Sec. v. David Shell (Tenn. Ct. App. 2022). “” Tenn. Code Ann. § 4-5-317 (c). Although the Department filed a timely petition for reconsideration, the ALJ did not rule on it; it is therefore deemed to have been denied.”
— Tenn. Code Ann. § 4-5-317(c) — 1 case
Bruce Thurman v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2017). “Thurman filed a petition for reconsideration; the administrative judge did not act on the petition, and it was deemed denied pursuant to Tennessee Code Annotated section 4-5-317(c). Mr. Thurman appealed the Initial Order to TDS in accordance with Tennessee Code Annotated section…”
— Tenn. Code Ann. § 4-5-317(e) — 1 case
Davis v. Tennessee Dep't of Emp. Sec., 23 S.W.3d 304 (Tenn. Ct. App. 2000). “Likewise, grievances involving written reprimands are not grievable past Step IV. See Tenn. Comp. R. & Regs.”
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