Tennessee Code Annotated
Tenn. Code Ann. § 40-33-213 (2026)
Appeals - Venue
✓ current as of May 2026
- (a) The party aggrieved by the decision of the applicable agency may seek judicial review of the decision by filing a written notice of review. The reviewing court shall use the preponderance of evidence standard in determining whether to sustain or reverse the final order of the applicable agency. The burden of proof on review shall be the same as in the proceedings before the applicable agency.
- (b) Except as otherwise provided in this section, an appeal under this part shall be conducted in the same manner as is provided in § 4-5-322, for a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
- (c) A notice of review may, at the election of the aggrieved party, be filed in the circuit court or chancery court of Davidson, Washington, Knox, Hamilton, Putnam, Madison, Dyer, Lawrence, or Shelby county; provided, that, the notice of review shall be filed in the county which corresponds with the location of the hearing.
- (d) The applicable agency shall be represented in the appeal by an attorney who is employed by the applicable agency.
- (e) If the reviewing court reverses the final order of the applicable agency and orders the return of seized property, the court shall also order the payment of attorney's fees incurred during the administrative proceeding, in the same manner provided and subject to the limits found in § 40-33-217, and any reasonable attorney's fees incurred during the appeal.
Amended by 2018 Tenn. Acts, ch. 772, s 9, eff. 1/1/2019.
Acts 1994, ch. 925, § 1.
Notes of Decisions
Cited in 20
cases (5 in the last 5 years), 1996–2025 · leading case: McEwen v. Tennessee Dep't of Saf., 173 S.W.3d 815 (Tenn. Ct. App. 2005).
McEwen v. Tennessee Dep't of Saf., 173 S.W.3d 815 (Tenn. Ct. App. 2005). “By the same token, the trial court apparently overlooked the change in the standard of review wrought by Tenn. Code Ann. § 40-33-213 (a). The “preponderance of evidence” standard now applies to all seizures occurring after the effective date of the amendment.”
State of Tennessee v. Charles D. Sprunger, 458 S.W.3d 482 (Tenn. 2015). “See Tenn. Code Ann. § 40-33-213 ; Jones, 946 S.”
Helms v. Tennessee Dep't of Saf., 987 S.W.2d 545 (Tenn. 1999). “Tenn.Code Ann. § 40-33-213(c) (1997). Judicial review is conducted without a jury and is limited to the administrative record, except to the extent that Tenn.”
Jones v. Greene, 946 S.W.2d 817 (Tenn. Ct. App. 1996). “Tenn. Code Ann. § 40-33-213 (Supp.1996). The standard of review in these proceedings tracks Tenn.”
Watson v. Tennessee Dep't of Saf., 361 S.W.3d 549 (Tenn. Ct. App. 2011). “§ 40-33-213. That statute explicitly refers to TenmCode Ann.”
Abraham Asley Augustin v. Bradley Cnty. Sheriff's Off. (Tenn. Ct. App. 2019). “-9- Tenn. Code Ann. § 40-33-210 (2012). Any party aggrieved by the agency’s decision then has the right to seek judicial review of the agency’s decision by filing a written notice in either the Circuit or Chancery Court of Davidson County.”
Teresa McEwen v. Dept. of Saf. (Tenn. Ct. App. 2003). “Tenn. Code Ann. § 40-33-213 (a) (2003). Except for this change, the remaining provisions of Tenn.”
Sandra K. Fisher v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2020). “Tenn. Code Ann. §§ 40-33-213 (b), 4-5-323 (2015).”
State of Tennessee v. Frank Michael Vukelich (Tenn. Crim. App. 2002). “Though the petition is couched in terms requesting the court restrain the defendant from taking action to receive the funds then held by the criminal court clerk, it is clear that the effect of such an injunction would be to prevent the chancery court order from taking effect.”
Troy Nicholas v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2018). “Tennessee Code Annotated section 40-33-213 provides that judicial review of forfeiture proceedings “shall be conducted in the same manner as is provided in § 4-5-322,” but reviewing courts “shall use the preponderance of evidence standard” rather than the substantial and…”
Tennessee Dep't of Saf. & Homeland Sec. v. David Shell (Tenn. Ct. App. 2022). “3d at 819 (citing Tenn. Code Ann. § 40-33-213 (a) (“The reviewing court shall use the preponderance of evidence standard in determining whether to sustain or reverse the final order of the applicable agency.”
Larry Brown v. Tennessee Dep't of Saf. & Homeland & Sec. (2022). “Tenn. Code Ann. § 40-33-213 (a) (stating that in appeals of forfeiture cases “[t]he reviewing court shall use the preponderance of evidence standard in determining whether to sustain or reverse the final order of the applicable agency.”
— Tenn. Code Ann. § 40-33-213(a) — 7 cases
McEwen v. Tennessee Dep't of Saf., 173 S.W.3d 815 (Tenn. Ct. App. 2005). “By the same token, the trial court apparently overlooked the change in the standard of review wrought by Tenn. Code Ann. § 40-33-213 (a). The “preponderance of evidence” standard now applies to all seizures occurring after the effective date of the amendment.”
State of Tennessee v. Charles D. Sprunger, 458 S.W.3d 482 (Tenn. 2015). “See Tenn. Code Ann. § 40-33-213 ; Jones, 946 S.”
Jones v. Greene, 946 S.W.2d 817 (Tenn. Ct. App. 1996). “Tenn. Code Ann. § 40-33-213 (Supp.1996). The standard of review in these proceedings tracks Tenn.”
Watson v. Tennessee Dep't of Saf., 361 S.W.3d 549 (Tenn. Ct. App. 2011). “§ 40-33-213. That statute explicitly refers to TenmCode Ann.”
Sandra K. Fisher v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2020). “Tenn. Code Ann. §§ 40-33-213 (b), 4-5-323 (2015).”
— Tenn. Code Ann. § 40-33-213(b) — 3 cases
McEwen v. Tennessee Dep't of Saf., 173 S.W.3d 815 (Tenn. Ct. App. 2005). “By the same token, the trial court apparently overlooked the change in the standard of review wrought by Tenn. Code Ann. § 40-33-213 (a). The “preponderance of evidence” standard now applies to all seizures occurring after the effective date of the amendment.”
Abraham Asley Augustin v. Bradley Cnty. Sheriff's Off. (Tenn. Ct. App. 2019). “-9- Tenn. Code Ann. § 40-33-210 (2012). Any party aggrieved by the agency’s decision then has the right to seek judicial review of the agency’s decision by filing a written notice in either the Circuit or Chancery Court of Davidson County.”
Daysparkles Oliver v. Tennessee Dep't of Safter & Homeland Sec. (Tenn. Ct. App. 2022).
— Tenn. Code Ann. § 40-33-213(c) — 1 case
Helms v. Tennessee Dep't of Saf., 987 S.W.2d 545 (Tenn. 1999). “Tenn.Code Ann. § 40-33-213(c) (1997). Judicial review is conducted without a jury and is limited to the administrative record, except to the extent that Tenn.”
— Tenn. Code Ann. § 40-33-213(e)(1) — 1 case
Daysparkles Oliver v. Tennessee Dep't of Safter & Homeland Sec. (Tenn. Ct. App. 2022).
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