Tennessee Code Annotated
Tenn. Code Ann. § 9-8-305 (2026)
Powers and duties
✓ current as of May 2026
Each commissioner, and each administrative law judge assigned pursuant to this part, has the authority to:
- (1) Hear and determine claims against the state falling within the categories enumerated in § 9-8-307;
- (2) Issue subpoenas, swear in witnesses at hearings and other commission functions, effect discovery and issue protective orders and the like, and seek enforcement pursuant to § 4-5-311(a) and (b);
- (3) Rule on motions and objections;
- (4) Regulate the course of proceedings;
- (5) Take official notice of:
- (A) State statutes and the rules and regulations of state agencies; and
- (B) Any fact that can be judicially noticed; and
- (6) Issue written findings of facts and opinions of law.
Acts 1984, ch. 972, § 5; 1986, ch. 626, § 7; 1997, ch. 165, §§ 4, 5.
Notes of Decisions
Cited in 8
cases, 1996–2015 · leading case: Hembree v. State, 925 S.W.2d 513 (Tenn. 1996).
Hembree v. State, 925 S.W.2d 513 (Tenn. 1996). “The following year, the legislature amended thfe statute by adding the following statement: “It is the intent of the general assembly that the jurisdiction of the claims commission be liberally construed to implement the remedial purposes of this legislation.”
Mullins v. State, 320 S.W.3d 273 (Tenn. 2010). “Acts at 1028-30 (codified at Tenn.Code Ann. §§ 9-8-305(1), -307(a)); Conley v.”
Lucas v. State, 141 S.W.3d 121 (Tenn. Ct. App. 2004). “Acts 1026 ; Tenn.Code Ann. §§ 9-8-305, -307 (Supp.1984).”
Joe Mosley v. State of Tennessee, 475 S.W.3d 767 (Tenn. Ct. App. 2015). “Acts at 1028-30 (codified at Tenn.Code Ann. §§ 9-8-305(1), -307(a)); Conley vi State, 141 S.”
Jacobs v. Memphis Convention & Visitors Bureau, 710 F. Supp. 2d 663 (W.D. Tenn. 2010). “Adequacy of State Law Remedies Plaintiff correctly notes that the Department has not shown how Tennessee state law provides an aggrieved copyright holder with an alternative remedy — such as by an action filed with the Tennessee Claims Commissions, the forum through which a…”
Brown v. State, 333 S.W.3d 102 (Tenn. Ct. App. 2010). “See Tenn. Code Ann. § 9-8-305 (1). In other words, the Legislature “waived its sovereign immunity as to certain actions brought before the Tennessee Claims Commission.”
Daniel Francoeur & Heather Hall v. State of Tennessee (Tenn. Ct. App. 2007). “See Tenn. Code Ann. § 9-8-305 (1) (1999). The Tennessee Supreme Court has characterized section 9-8-307 as creating a “sweeping procedure for filing monetary claims against the state.”
Eddie Wayne Gordon v. State of Tennessee (Tenn. Ct. App. 2005). “Tennessee Code Annotated § 9-8-305(5)(A) provides that each commissioner has the authority to take notice of state statutes and the rules and regulations of state agencies.”
— Tenn. Code Ann. § 9-8-305(1) — 3 cases
Mullins v. State, 320 S.W.3d 273 (Tenn. 2010). “Acts at 1028-30 (codified at Tenn.Code Ann. §§ 9-8-305(1), -307(a)); Conley v.”
Joe Mosley v. State of Tennessee, 475 S.W.3d 767 (Tenn. Ct. App. 2015). “Acts at 1028-30 (codified at Tenn.Code Ann. §§ 9-8-305(1), -307(a)); Conley vi State, 141 S.”
Jacobs v. Memphis Convention & Visitors Bureau, 710 F. Supp. 2d 663 (W.D. Tenn. 2010). “Adequacy of State Law Remedies Plaintiff correctly notes that the Department has not shown how Tennessee state law provides an aggrieved copyright holder with an alternative remedy — such as by an action filed with the Tennessee Claims Commissions, the forum through which a…”
— Tenn. Code Ann. § 9-8-305(5)(A) — 1 case
Eddie Wayne Gordon v. State of Tennessee (Tenn. Ct. App. 2005). “Tennessee Code Annotated § 9-8-305(5)(A) provides that each commissioner has the authority to take notice of state statutes and the rules and regulations of state agencies.”
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