Tennessee Code Annotated
Tenn. Code Ann. § 4-5-325 (2026)
Payment of costs to respondent
✓ current as of May 2026
- (a)
- (1) When a state agency issues a notice to a person, local governmental entity, board, or commission for the violation of a rule or statute and the notice results in a contested case hearing, at the conclusion of the contested case hearing, the hearing officer or administrative judge may order the state agency to pay to the respondent the reasonable expenses incurred because of the notice, including a reasonable attorney's fee, if the hearing officer or administrative judge determines that:
- (A)
- (i) The claims contained in the notice are not warranted by existing law nor by a nonfrivolous argument for the extension or modification of existing law; and
- (ii) The claims contained in the notice do not have evidentiary support; or
- (B) The state agency issued the notice to harass, cause unnecessary delay, or cause needless expense to the party issued the notice.
- (A)
- (2) Subdivision (a)(1) is not satisfied simply by a state agency failing to prevail against the respondent.
- (3) If the hearing officer or administrative judge orders the state agency to pay the respondent the reasonable expenses incurred, then the hearing officer or administrative judge shall set forth in a written order the findings of facts and conclusions of law upon which the determinations are based.
- (1) When a state agency issues a notice to a person, local governmental entity, board, or commission for the violation of a rule or statute and the notice results in a contested case hearing, at the conclusion of the contested case hearing, the hearing officer or administrative judge may order the state agency to pay to the respondent the reasonable expenses incurred because of the notice, including a reasonable attorney's fee, if the hearing officer or administrative judge determines that:
- (b) If a final decision in a contested case hearing results in a respondent seeking judicial review under § 4-5-322, then the judge conducting the review may, at the conclusion of the hearing, make the same findings and enter the same order as authorized by the hearing officer or administrative judge pursuant to subsection (a).
- (c) For purposes of this section:
- (1) "Notice" means a document required by § 4-5-307(b); and
- (2) "Respondent" means a party to whom a state agency issues a notice.
Amended by 2022 Tenn. Acts, ch. 833, s 12, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 403, s 1, eff. 5/12/2021.
Acts 1994, ch. 869, § 1.
Notes of Decisions
Cited in 19
cases (8 in the last 5 years), 2001–2025 · leading case: Am. Child Care, Inc. v. Dept. of Human Servs., 83 S.W.3d 148 (Tenn. Ct. App. 2001).
Am. Child Care, Inc. v. Dept. of Human Servs., 83 S.W.3d 148 (Tenn. Ct. App. 2001). “The appellant filed a Second Amended Complaint which included a request for attorney’s fees pursuant to Tenn. Code Ann. § 4-5-325 . On March 14, 2000, appellee filed a motion for summary judgment to dismiss the appellant’s complaint in the trial court.”
Tennessee Dep't of Saf. & Homeland Sec. v. David Shell (Tenn. Ct. App. 2022). “Shell’s request for attorney’s fees under section 1988(b) as alternative to his request for attorney’s fees under section 4-5-325. Courts of this state have previously considered appeals that were purportedly from final judgments even though the trial courts did not rule on an…”
Jeff & Melissa Fitzpatrick v. State of Tennessee Dep't of Child.'s Servs. (Tenn. Ct. App. 2014). “]” Tenn. Code Ann. § 4-5-325 (a) (emphasis added).”
Gordon Groves v. City of Knoxville (Tenn. Ct. App. 2025). “” Tenn. Code Ann. § 4-5-325 (a) (2015). To the extent the statute is even applicable in the context of a forfeiture proceeding, the remedy is only available in a contested case hearing or in an appeal of a final decision in a contested case.”
Vanessa Berlanga v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 4-5-325 (a). 2 Tennessee Code Annotated § 4-5-325(b) permits a reviewing court to award “reasonable expenses incurred because of [a] citation, including a reasonable attorney’s fee,” on the same grounds as a hearing officer or an administrative law judge.”
Sandi D. Jackson v. Tennessee Bd. of Nursing (Tenn. Ct. App. 2012). “Ultimately, the chancery court denied the Board’s Motion to Dismiss “not[ing] that Tenn. Code Ann. § 4-5-325 has not been construed extensively, that there is very little case law concerning that section, and that the Court wishes to consider everything that the Court of Appeals…”
Gilbert Heredia v. City of Knoxville (Tenn. Ct. App. 2025). “” Tenn. Code Ann. § 4-5-325 (a) (2015). To the extent the statute is even applicable in the context of a forfeiture proceeding, the remedy is only available in a contested case hearing or in an appeal of a final decision in a contested case.”
Jayme Holland v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 4-5-325 (Supp. 1996). Ms.”
Leslie Burke v. State of Tennessee Dep't of Child.'s Servs. (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 4-5-325 (a)(1).13 This standard “is not satisfied simply by a state agency failing to prevail against the respondent.”
Caitlin J. Groves v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 4-5-325 (a) (emphasis added).”
Tennessee Dep't of Health v. Norma J. Sparks (2019). “§§ 53-10-305 (a) and 53-10-310(e)(1) when she failed to register for the CSMD and failed to check the CSMD before prescribing controlled substances; and awarding Sparks attorney fees and costs under Tenn. Code Ann. § 4-5-325 . Sparks raises three additional issues: (1) whether…”
Tennessee Dep't of Health & the Div. of Health Related Boards v. Kandala Chary (Tenn. Ct. App. 2013). “the party issued a citation the amount of reasonable expenses incurred because of such citation, including a reasonable attorney’s fee, if such officer or judge finds that the citation was issued: (1) Even though, to the best of such agency’s knowledge, information and belief…”
— Tenn. Code Ann. § 4-5-325(a) — 10 cases
Am. Child Care, Inc. v. Dept. of Human Servs., 83 S.W.3d 148 (Tenn. Ct. App. 2001). “The appellant filed a Second Amended Complaint which included a request for attorney’s fees pursuant to Tenn. Code Ann. § 4-5-325 . On March 14, 2000, appellee filed a motion for summary judgment to dismiss the appellant’s complaint in the trial court.”
Tennessee Dep't of Saf. & Homeland Sec. v. David Shell (Tenn. Ct. App. 2022). “Shell’s request for attorney’s fees under section 1988(b) as alternative to his request for attorney’s fees under section 4-5-325. Courts of this state have previously considered appeals that were purportedly from final judgments even though the trial courts did not rule on an…”
Jayme Holland v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 4-5-325 (Supp. 1996). Ms.”
Caitlin J. Groves v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 4-5-325 (a) (emphasis added).”
Leslie Burke v. State of Tennessee Dep't of Child.'s Servs. (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 4-5-325 (a)(1).13 This standard “is not satisfied simply by a state agency failing to prevail against the respondent.”
— Tenn. Code Ann. § 4-5-325(a)(1) — 5 cases
Tennessee Dep't of Saf. & Homeland Sec. v. David Shell (Tenn. Ct. App. 2022). “Shell’s request for attorney’s fees under section 1988(b) as alternative to his request for attorney’s fees under section 4-5-325. Courts of this state have previously considered appeals that were purportedly from final judgments even though the trial courts did not rule on an…”
Sandi D. Jackson v. Tennessee Bd. of Nursing (Tenn. Ct. App. 2012). “Ultimately, the chancery court denied the Board’s Motion to Dismiss “not[ing] that Tenn. Code Ann. § 4-5-325 has not been construed extensively, that there is very little case law concerning that section, and that the Court wishes to consider everything that the Court of Appeals…”
Jeff & Melissa Fitzpatrick v. State of Tennessee Dep't of Child.'s Servs. (Tenn. Ct. App. 2014). “]” Tenn. Code Ann. § 4-5-325 (a) (emphasis added).”
Vanessa Berlanga v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 4-5-325 (a). 2 Tennessee Code Annotated § 4-5-325(b) permits a reviewing court to award “reasonable expenses incurred because of [a] citation, including a reasonable attorney’s fee,” on the same grounds as a hearing officer or an administrative law judge.”
Tennessee Dep't of Health & the Div. of Health Related Boards v. Kandala Chary (Tenn. Ct. App. 2013). “the party issued a citation the amount of reasonable expenses incurred because of such citation, including a reasonable attorney’s fee, if such officer or judge finds that the citation was issued: (1) Even though, to the best of such agency’s knowledge, information and belief…”
— Tenn. Code Ann. § 4-5-325(a)(2) — 1 case
Sandi D. Jackson v. Tennessee Bd. of Nursing (Tenn. Ct. App. 2012). “Ultimately, the chancery court denied the Board’s Motion to Dismiss “not[ing] that Tenn. Code Ann. § 4-5-325 has not been construed extensively, that there is very little case law concerning that section, and that the Court wishes to consider everything that the Court of Appeals…”
— Tenn. Code Ann. § 4-5-325(b) — 1 case
Vanessa Berlanga v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 4-5-325 (a). 2 Tennessee Code Annotated § 4-5-325(b) permits a reviewing court to award “reasonable expenses incurred because of [a] citation, including a reasonable attorney’s fee,” on the same grounds as a hearing officer or an administrative law judge.”
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