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Tenn. Code Ann. § 4-5-302

Disqualification of judge, hearing officer, etc. — Substitutions

Known as the Uniform Administrative Procedures Act

The act spans §§ 4-5-101 to 4-5-502 (69 sections).

Applied in 3 court decisions — leading case Elliott v. University of Tennessee (1985)

Most recently applied in Herbert S. Moncier v. Board of Professional Responsibility (May 2013)

Acts 1982, ch. 874, § 38.

How often courts cite this section

1985199020002010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Any administrative judge, hearing officer or agency member shall be subject to disqualification for bias, prejudice, interest or any other cause provided in this chapter or for any cause for which a judge may be disqualified.

(2) Any party may petition for the disqualification of an administrative judge, hearing officer or agency member promptly after receipt of notice indicating that the individual will serve or, if later, promptly upon discovering facts establishing grounds for disqualification.

(3) A party petitioning for the disqualification of an agency member shall not be allowed to question the agency member concerning the grounds for disqualification at the hearing or by deposition unless ordered by the administrative judge or hearing officer conducting the hearing and agreed to by the agency member.

(4) The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination.

(5) If a substitute is required for an individual who becomes unavailable as a result of disqualification or any other reason, the substitute shall be appointed, unless otherwise provided by law by: The governor, if the unavailable individual is a cabinet member or elected official, except that the speakers of the senate and house of representatives shall appoint a substitute for individuals elected by the general assembly; or

(6) The appointing authority, if the unavailable individual is an appointed official.

(7) Any action taken by a duly appointed substitute for an unavailable individual shall be as effective as if taken by the unavailable individual.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.