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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) A complainant, respondent, or intervenor aggrieved by an order of the commission, including an order dismissing a complaint or stating the terms of a conciliation agreement, may obtain judicial review, and the commission may obtain an order of the court for enforcement of its order, in a proceeding brought in the chancery court or circuit court in which the alleged discriminatory practice that is the subject of the order occurred or in which a respondent resides or transacts business.
(b)(1) The proceeding for review or enforcement is initiated by filing a petition in court.
(2) Copies of the appeal must be served upon the attorney general and all parties of record.
(3) Within thirty (30) days after the service of the petition for appeal upon the commission or its filing by the commission, or within such further time as the court may allow, the commission shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including a transcript of testimony, which need not be printed.
(4) By stipulation of all parties to the review proceeding, the record may be shortened.
(5) The findings of fact of the commission are conclusive unless clearly erroneous in view of the probative and substantial evidence on the whole record.
(6) The court is authorized power to grant such temporary relief or restraining order as it deems just and to enter an order enforcing, modifying and enforcing as modified, or setting aside in whole or in part the order of the commission.
(7) All such proceedings must be heard and determined by the chancery court or circuit court and court of appeals as expeditiously as possible and with lawful precedence over other matters.
(c)(1) The court shall not consider a matter not considered by, nor an objection not raised before, the hearing examiner or examiners unless the failure of a party to present the matter to or raise the objection before the hearing examiner or examiners are excused because of good cause shown.
(2) A party may move the court to grant leave to adduce additional specified material evidence, and the court may grant leave for the parties to adduce such evidence pursuant to the Tennessee Rules of Civil Procedure; provided, that the moving party shows good cause for failure to adduce such evidence before the commission.
(d)(1) The jurisdiction of the chancery court or circuit court is exclusive, and its final judgment or decree is subject to review by the court of appeals as provided by the Tennessee Rules of Civil Procedure.
(2) The commission's copy of the testimony is available to all parties for examination without cost during business hours at the commission's office in Nashville.
(e)(1) A proceeding under this section must be initiated within thirty (30) days after a copy of the order of the commission is petitioned or the petition is filed under § 4-21-304.
(2) If a proceeding is not initiated, then the commission may obtain a decree of the court of enforcement of its order upon showing that a copy of the petition for enforcement was served on the respondent and the respondent is subject to the jurisdiction of the court.
(f) This section applies only to orders lawfully entered by the commission prior to July 1, 2025.
Cite this article: FindLaw.com - Tennessee Code Title 4. State Government § 4-21-307 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-4-state-government/tn-code-sect-4-21-307/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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