Tennessee Code Annotated

Tenn. Code Ann. § 4-5-319 (2026)

Agency record

✓ current as of May 2026

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(a) An agency shall maintain an official record of each contested case under this chapter. The record shall be maintained for a period of time not less than three (3) years; provided, that the department of labor and workforce development shall be required to maintain the record for such period of time as shall be determined by the agency or otherwise required by law.

(b) The agency record shall consist solely of:
- (1) Notice of all proceedings;
- (2) Any prehearing order;
- (3) Any motions, pleadings, briefs, petitions, requests and intermediate rulings;
- (4) Evidence received or considered;
- (5) A statement of matters officially noticed;
- (6) Proffers of proof and objections and rulings thereon;
- (7) Proposed findings, requested orders, and exceptions;
- (8) The tape recording, stenographic notes or symbols, or transcript of the hearing;
- (9) Any final order, initial order, or order on reconsideration;
- (10) Staff memoranda or data submitted to the agency unless prepared and submitted by personal assistants and not inconsistent with § 4-5-304(b); and
- (11) Matters placed on the record after an ex parte communication.

(c) A record, which may consist of a tape, electronic recording, or digital recording, must be made of all oral proceedings. Such record or a part thereof must be transcribed on request of a party at such party's expense or may be transcribed by the agency at the agency's expense. If the agency elects to transcribe the proceedings, then a party must be provided copies of the transcript upon payment to the agency of a reasonable compensatory fee. Notwithstanding the requirement to make a record of all oral proceedings, a record of a prehearing conference is not required to be made.

(d) Except to the extent that this chapter or another statute provides otherwise, the agency record shall constitute the exclusive basis for agency action in adjudicative proceedings under this chapter, and for judicial review thereof.

Amended by 2022 Tenn. Acts, ch. 833, s 9, eff. 7/1/2022.

Acts 1974, ch. 725, § 8; 1975, ch. 370, §§ 3, 12; 1978, ch. 938, §§ 4, 5; T.C.A., §§ 4-514, 4-5-108(g); Acts 1982, ch. 874, § 60; 1999, ch. 520, § 27; 2011 , ch. 82, § 1.

Notes of Decisions

Cited in 3 cases, 2001–2018 · leading case: Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001).

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Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001). · cites it 2× “” Tenn.Code Ann. § 4-5-319(d). When the administrative record contains no other expert testimony, allowing the board members to base their decision on personal knowledge and opinions, especially when they are not reflected in the record, is contrary to this “exclusiveness”…”

Fred H. Wright, Ph.D. v. Tennessee Bd. of Examiners in Psychology (Tenn. Ct. App. 2004). · cites it 4× “” Tenn. Code Ann. § 4-5-319 (b)(11) (2003).”

Xcaliber Int'l LTD., LLC v. Tennessee Dep't Of Revenue (2018). “2017) (emphasis added); see also Tenn. Code Ann. § 4-5-319 (d) (2015) (“Except to the extent that this chapter or another statute provides otherwise, the agency record shall constitute the exclusive basis for agency action in adjudicative proceedings under this chapter, and for…”

— Tenn. Code Ann. § 4-5-319(c) — 1 case

Fred H. Wright, Ph.D. v. Tennessee Bd. of Examiners in Psychology (Tenn. Ct. App. 2004). “” Tenn. Code Ann. § 4-5-319 (b)(11) (2003).”

— Tenn. Code Ann. § 4-5-319(d) — 1 case

Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001). “” Tenn.Code Ann. § 4-5-319(d). When the administrative record contains no other expert testimony, allowing the board members to base their decision on personal knowledge and opinions, especially when they are not reflected in the record, is contrary to this “exclusiveness”…”

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