Tennessee Code Annotated

Tenn. Code Ann. § 4-5-318 (2026)

Effectiveness of new order

✓ current as of May 2026

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(a) Unless a later date is stated in an initial or final order, or a stay is granted, an initial or final order shall become effective upon entry of the initial or final order. All initial and final orders shall state when the order is entered and effective.

(b) If the agency has utilized an administrative judge from the administrative procedures division of the office of the secretary of state, the initial or final order shall not be deemed entered until the initial or final order has been filed with the administrative procedures division.

(c) The agency shall establish which agency members, officials or employees may sign final orders rendered by the agency.

(d) A party is not required to comply with a final order unless the final order has been mailed to the last known address of the party or the party's attorney, the final order has been delivered by electronic means to the last known electronic address of the party or the party's attorney, or the party has actual knowledge of the final order.

(e) A nonparty may not be required to comply with a final order unless the agency has made the final order available for public inspection and copying or unless the nonparty has actual knowledge of the final order.

(f) Unless a later date is stated in an initial order or a stay is granted, the time when an initial order becomes a final order in accordance with § 4-5-314 shall be as follows:
- (1) When the initial order is entered, if administrative review is unavailable;
- (2) When the agency enters an order stating, after a petition for appeal has been filed, that review will not be exercised, if discretion is available to make a determination to this effect; or
- (3) Fifteen (15) days after entry of the initial order, if no party has filed a petition for appeal and the agency has not given written notice of its intention to exercise review.

(g) An initial order that becomes a final order in accordance with subsection (f) and § 4-5-314 shall be effective upon becoming a final order; provided, that:
- (1) A party may not be required to comply with the final order unless the party has been served with or has actual knowledge of the initial order or of an order stating that review will not be exercised; and
- (2) A nonparty may not be required to comply with the final order unless the agency has made the initial order available for public inspection and copying or the nonparty has actual knowledge of the initial order or of an order stating that review will not be exercised.

(h) This section shall not preclude an agency from taking immediate action to protect the public interest in accordance with § 4-5-320.

Amended by 2022 Tenn. Acts, ch. 833, s 8, eff. 7/1/2022.

Acts 1982, ch. 874, § 59; 2001, ch. 304, § 1.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1991–2023 · leading case: Davis v. Tennessee Dep't of Emp. Sec., 23 S.W.3d 304 (Tenn. Ct. App. 2000).

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Davis v. Tennessee Dep't of Emp. Sec., 23 S.W.3d 304 (Tenn. Ct. App. 2000). · cites it 12× “See Tenn. Code Ann. § 4-5-318 (f)(3) (1998). Mr.”

Mosley v. Tennessee Dep't of Com. & Ins., 167 S.W.3d 308 (Tenn. Ct. App. 2004). · cites it 2× “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). The Order of the…”

Air Evac EMS, Inc. v. Robinson, 486 F. Supp. 2d 713 (M.D. Tenn. 2007). · cites it 2× “) The defendants, however, *719 have correctly indicated that the Board’s decision was not technically considered “final” until the Board entered its final order on March 30, 2006.”

Sallee v. State Bd. of Educ., 828 S.W.2d 742 (Tenn. Ct. App. 1991). · cites it 6× “Section 4-5-318(f)(3). It does not appear that the Board acted to adopt the final order of the Administrative Law Judge.”

Christina K. Collins v. Tennessee Dep't of Health (2023). · cites it 6× “§ 4-5-322 (b)([1])(A)(iv) requires that petitions seeking judicial review shall be filed within sixty (60) days after the entry of the agency’s final order, while Tenn. Code Ann. § 4-5-318 (b) provides that the initial or final order shall not be deemed entered until the initial…”

Allen K. Wallace v. City of Memphis (Tenn. Ct. App. 2019). · cites it 2× “3 Tenn. Code Ann. § 4-5-318 (f) states that: Unless a later date is stated in an initial order or a stay is granted, the time when an initial order becomes a final order in accordance with § 4-5-314 shall be as follows: .”

Davis v. Dept. of Emp. Sec. (Tenn. Ct. App. 1999). · cites it 4× “See Tenn. Code Ann. § 4-5-314 (b). These initial orders cannot become final until ten days after they are entered.”

Vanessa Berlanga v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2019). “§ 4-5-318(f) (2015). We conclude that the filing of the Claimants’ petition for judicial review was untimely.”

Davis v. Dept. of Emp. Sec. (Tenn. Ct. App. 1999). · cites it 2× “See Tenn. Code Ann. § 4-5-314 (b). These initial orders cannot become final until ten days after they are entered.”

— Tenn. Code Ann. § 4-5-318(a) — 1 case

Air Evac EMS, Inc. v. Robinson, 486 F. Supp. 2d 713 (M.D. Tenn. 2007). “) The defendants, however, *719 have correctly indicated that the Board’s decision was not technically considered “final” until the Board entered its final order on March 30, 2006.”

— Tenn. Code Ann. § 4-5-318(f) — 1 case

— Tenn. Code Ann. § 4-5-318(f)(3) — 3 cases

Davis v. Tennessee Dep't of Emp. Sec., 23 S.W.3d 304 (Tenn. Ct. App. 2000). “See Tenn. Code Ann. § 4-5-318 (f)(3) (1998). Mr.”

Sallee v. State Bd. of Educ., 828 S.W.2d 742 (Tenn. Ct. App. 1991). “Section 4-5-318(f)(3). It does not appear that the Board acted to adopt the final order of the Administrative Law Judge.”

Christina K. Collins v. Tennessee Dep't of Health (2023). “§ 4-5-322 (b)([1])(A)(iv) requires that petitions seeking judicial review shall be filed within sixty (60) days after the entry of the agency’s final order, while Tenn. Code Ann. § 4-5-318 (b) provides that the initial or final order shall not be deemed entered until the initial…”

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