Tennessee Code Annotated

Tenn. Code Ann. § 4-5-320 (2026)

Proceedings affecting licenses

✓ current as of May 2026

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(a) When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning contested cases apply.

(b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.

(c) No revocation, suspension, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct that warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary action, including suspension of a license or other licensure restriction or action as may be appropriate to protect the public, may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

(d)
- (1) Notwithstanding subsection (c), in issuing an order of summary action against a license the agency shall use one (1) of the following procedures:
  - (A) The agency shall issue a notice to the licensee providing an opportunity for a prompt informal hearing, review or conference before the agency prior to the issuance of an order of summary action; or
  - (B) The agency shall proceed with the summary action and notify the licensee of the opportunity for an informal hearing, review or conference before the agency within seven (7) business days of the issuance of the order of summary action.
- (2) The notice provided to the licensee may be provided by any reasonable means and shall inform the licensee of the reasons for the action or intended action of the agency and of the opportunity for an informal hearing, review or conference before the agency. The informal hearing, review or conference described by this subsection (d) shall not be required to be held under the contested case provisions of this chapter. The hearing, review or conference is intended to provide an informal, reasonable opportunity for the licensee to present the licensee's version of the situation to the person or entity authorized by law to take the summary action against the license involved. Whether the informal hearing, review or conference is held before or after an order of summary action, the sole issue to be considered is whether the public health, safety or welfare imperatively required emergency action by the agency.

Amended by 2020 Tenn. Acts, ch. 594, Secs.s1, s2, s3, s4 eff. 3/20/2020.

Acts 1974, ch. 725, § 16; T.C.A., §§ 4-522, 4-5-116; Acts 1982, ch. 874, § 61; 1993, ch. 458, § 2.

Notes of Decisions

Cited in 17 cases (2 in the last 5 years), 1988–2021 · 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. § 4-5-320 (c) (1998) requires written notice prior to commencing an administrative proceeding to revoke or suspend a license.”

Mid-South Indoor Horse Racing, Inc. v. Tennessee State Racing Comm'n, 798 S.W.2d 531 (Tenn. Ct. App. 1990). · cites it 6× “Proceedings involving initial race meeting license applications are not included in Tenn. Code Ann. § 4-5-320 (c). Thus, Mid-South must look beyond the UAPA to support its claim that it is entitled to a quasi-judicial type of hearing.”

Bobby Watts, M.D. v. John H. Burkhart, M.D., Howard R. Foreman, M.D., Alvin J. Ingram, M.D., I. Lee Arnold, M.D., & Duane C. Budd, M.D., 978 F.2d 269 (6th Cir. 1992). · cites it 2× “Watts had prescribed controlled substances in such quantities that the public health, safety and welfare “imperatively require[d] emergency action” under Tenn.Code Ann. § 4-5-320(c). This provision, which is part of Tennessee’s Administrative Procedures Act, authorizes summary…”

Johnson v. Alcoholic Beverage Comm'n, 844 S.W.2d 182 (Tenn. Ct. App. 1992). · cites it 10× “and in particular T.C.A. § 4-5-320) and that the [ABC] failed to exercise those powers.”

Bobby Watts, M.D. v. John H. Burkhart, M.D., 854 F.2d 839 (6th Cir. 1988). “The notice was filed and the ensuing preliminary hearing was held pursuant to Tenn.Code Ann. § 4-5-320(c), which governs proceedings affecting licenses.”

Am. Child Care, Inc. v. Dept. of Human Servs., 83 S.W.3d 148 (Tenn. Ct. App. 2001). · cites it 2× “We are of the opinion that Tenn. Code Ann. § 4-5-320 (d) only dispenses with the procedural niceties that ordinarily attend contested cases.”

In Re Miller, 2009 VT 112 (Vt. 2009). “Codified Laws § 1-26-29 ; Tenn. Code Ann. § 4-5-320 (c). 4 ¶ 11. Although the parties here dispute whether the statute also requires a prompt posi-suspension hearing to address the propriety of the Board’s emergency action, the Supreme Court’s decisions in this area leave no…”

Jack Wayne Butler v. Tennessee Bd. of Nursing (Tenn. Ct. App. 2016). · cites it 16× “Tenn. Code Ann. § 4-5-320 (c). Notably absent from the above provision is a requirement that the grant or denial of initial licenses be preceded by notice and an opportunity to be heard.”

Erin R. Knight v. Tennessee State Bd. Of Educ. (Tenn. Ct. App. 2021). · cites it 8× “She also contended that the Board’s notice procedures conflicted with Tenn. Code Ann. § 4-5-320 (c). In April of 2018, Ms.”

James E. Johnson v. Bd. of Med. Examiners (Tenn. Ct. App. 2002). · cites it 8× “” Tenn. Code Ann. § 4-5-320 (c) (199 8). -3- The board further finds that pursuant [to] its findings of fact and pursuant to T.”

Valerie Louise Augustus, M.D. v. Tennessee Dep't of Health (Tenn. Ct. App. 2020). · cites it 4× “If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action.”

Lee Phan v. Tennessee Dep't of Com. & Ins. (2017). · cites it 3× “Phan asserts that, pursuant to Tenn. Code Ann. § 4-5-320 (c), the initial notice of complaint sent to him on July 19, 2013, along with an affidavit from one licensee, was deficient because it did not include all fourteen affidavits procured by the Department or specify that the…”

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— Tenn. Code Ann. § 4-5-320(a) — 1 case

Jack Wayne Butler v. Tennessee Bd. of Nursing (Tenn. Ct. App. 2016). “Tenn. Code Ann. § 4-5-320 (c). Notably absent from the above provision is a requirement that the grant or denial of initial licenses be preceded by notice and an opportunity to be heard.”

— Tenn. Code Ann. § 4-5-320(c) — 10 cases

Bobby Watts, M.D. v. John H. Burkhart, M.D., Howard R. Foreman, M.D., Alvin J. Ingram, M.D., I. Lee Arnold, M.D., & Duane C. Budd, M.D., 978 F.2d 269 (6th Cir. 1992). “Watts had prescribed controlled substances in such quantities that the public health, safety and welfare “imperatively require[d] emergency action” under Tenn.Code Ann. § 4-5-320(c). This provision, which is part of Tennessee’s Administrative Procedures Act, authorizes summary…”

Mid-South Indoor Horse Racing, Inc. v. Tennessee State Racing Comm'n, 798 S.W.2d 531 (Tenn. Ct. App. 1990). “Proceedings involving initial race meeting license applications are not included in Tenn. Code Ann. § 4-5-320 (c). Thus, Mid-South must look beyond the UAPA to support its claim that it is entitled to a quasi-judicial type of hearing.”

Johnson v. Alcoholic Beverage Comm'n, 844 S.W.2d 182 (Tenn. Ct. App. 1992). “and in particular T.C.A. § 4-5-320) and that the [ABC] failed to exercise those powers.”

James E. Johnson v. Bd. of Med. Examiners (Tenn. Ct. App. 2002). “” Tenn. Code Ann. § 4-5-320 (c) (199 8). -3- The board further finds that pursuant [to] its findings of fact and pursuant to T.”

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