Tennessee Code Title 69. Waters, Waterways, Drains and Levees § 69-3-110

(a) Any hearing brought before the board pursuant to § 69-3-105(i), § 69-3-109, § 69-3-115, § 69-3-116, or § 69-3-118 must be conducted as a contested case 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.

(b) In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of Davidson County, or the chancery court of the county in which the hearing is conducted, shall have jurisdiction upon application of the board or commissioner to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt.

(c) The decision of the board shall become final and binding on all parties unless appealed to the courts as provided in § 69-3-111.

(d) Any person to whom an emergency order is directed pursuant to § 69-3-109(b) shall comply immediately, but on petition to the board shall be afforded a hearing as soon as possible, but in no case shall such hearing be held later than three (3) days from the receipt of such petition by the board.

(e) Any hearing required by this section or chapter shall be conducted in accordance with § 13-18-114 when the hearing involves a major energy project, as defined by § 13-18-102.