Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by Findlaw Staff
(a) Any person against whom an order is issued may secure a review of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. Any such order shall become final and not subject to review unless the person or persons therein file such petition for hearing before the board no later than thirty (30) days after the date such order is served.
(b) Hearings before the board must be conducted as a contested case and must be heard before an administrative judge sitting alone pursuant to § 4-5-301(a)(2), unless settled by the parties. The administrative judge to whom the case is assigned shall convene the parties for a scheduling conference within thirty (30) days of the date on which the petition is filed. The scheduling order issued by the administrative judge must establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown. An initial order must be issued within ninety (90) days of completion of the record of the hearing. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, is final unless appealed to the board by a party pursuant to § 4-5-315 within fifteen (15) days after entry of the initial order. The board shall not review an initial order unless appealed by a party. Upon appeal to the board by a party, the board shall afford each party an opportunity to present briefs, and shall review the record and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order must be limited to the record, but must be a de novo review with no presumption of correctness. The board shall render a final order at the conclusion of its review, in accordance with § 4-5-314, affirming, modifying, remanding, or vacating the administrative judge's order. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b), unless a later effective date is stated in the order. A petition to stay the effective date of a final order may be filed under § 4-5-316. A petition for reconsideration of a final order may be filed pursuant to § 4-5-317. Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322. An order of an administrative judge that becomes final in the absence of an appeal to the board is deemed to be a decision of the board in that case for purposes of the standard of review by a court; provided, however, that in other matters before the board, it may be considered but is not binding on the board.
(c) An appeal may be taken from any final order or other final determination of the board by any party, including the department, who is or may be adversely affected thereby to the chancery court of Davidson County. The chancery court of Davidson County shall have exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this chapter; provided, that the judicial review of any final decision of the board shall be made pursuant to the procedures established and set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Cite this article: FindLaw.com - Tennessee Code Title 68. Health, Safety and Environmental Protection § 68-215-119 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-68-health-safety-and-environmental-protection/tn-code-sect-68-215-119/
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.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Make It a Preferred Google Search Source
Add to GoogleGet help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)
Answer a few questions and get helpful next steps for your legal issue.